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Poland - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
Marcin Aslanowicz
Sylwia Piotrowska
Page Count: 
10 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
Poland
Practice Areas: 
Capacity and Qualifications of Arbitrators,
Designation of Arbitrators,
Appeal to Arbitral Tribunal and Annulment,
Choice of Forum/ Place of Proceedings,
Contents of Arbitration Agreement
Author Detail: 

 

Marcin Aslanowicz is a Partner in Baker & McKenzie’s Warsaw office and heads the Litigation and Dispute Resolution Practice Group in Warsaw. Mr. Aslanowicz represents multinational and domestic clients in civil and commercial disputes before common courts as well as arbitral tribunals.

Sylwia Piotrowska is an Associate in Baker & McKenzie’s Warsaw office and a member of the Firm’s Global Dispute Resolution Practice Group.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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POLAND
Marcin Aslanowicz and Sylwia Piotrowska

A. LEGISLATION, TRENDS AND TENDENCIES
 

A.1 Sources of Arbitration Law in Poland
 

The main source of arbitration law in Poland is the Code of Civil Procedure (“CPC”), which dates back to 1964 and applies to both domestic and international arbitration. The CPC underwent a significant amendment in 2005, and it now largely mirrors the UNCITRAL Model Law. Arbitration issues are regulated in Part V of the CPC (Articles 1154 to 1217).
 

International conventions, in particular the New York Convention and the 1961 European Convention on International Commercial Arbitration, are other sources of arbitration law in Poland. Poland is also bound by numerous agreements for the protection of investments, which provide for the settlement of disputes by arbitration.
 

A.2 Arbitrability
 

According to Article 1157 of the CPC, except for child maintenance claims, parties may agree to arbitrate any dispute regarding proprietary or non-proprietary rights that would otherwise be eligible for settlement in court. Upon the application

Table of Contents: 

POLAND
Marcin Aslanowicz and Sylwia Piotrowska

A. Legislation, Trends and Tendencies
A.1 Sources of Arbitration Law in Poland
A.2 Arbitrability
A.3 Arbitration Agreement
A.4 Arbitrators
A.5 Jurisdiction of an Arbitral Tribunal
A.6 Proceedings before an Arbitral Tribunal
A.7 Conclusion of Arbitral Proceedings
A.8 Appeals against Arbitration Awards
A.9 Recognition and Enforcement of an Arbitration Award
B. Cases
C. Public Policy in International Arbitration