The Polish legislator has not decided on a separate act on arbitration (following the example of, for example, England, the United States, Hong Kong, or Singapore). The provisions on arbitration are to be found in Part V of the Code of Civil Procedure, i.e. the act that also regulates proceedings in civil cases before state courts (it is similar in, for example, Germany and France).

Arbitration in Polish Law: Modern Approach and Practical Benefits

Poland has modern legislation on arbitration. It is modeled on the so-called UNCITRAL Model Law on Arbitration. Our country is a party to “the New York Convention,” i.e. the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, and the Geneva Convention on International Commercial Arbitration of 21 April 1961.

Over the last decade alone, the following changes have been introduced to the Part V of the Code of Civil Procedure:

• the proceedings for the recognition or enforcement of an arbitration award have been limited to one instance (however, there is an extraordinary measure available — cassation appeal to the Supreme Court);
• a petition for an annulment of an arbitration award is also, in principle, decided by a state court in one instance;
• it was expressly made possible to resolve disputes arising from commercial company relations in arbitration, particularly in matters relating to challenging resolutions of company bodies;
• it was enabled to carry out the so-called conversions, i.e. transferring a given case from a state court to arbitration.

Constantly evolving legislation, or the legislator’s response to signals and the needs of the arbitration community

So, what does the Polish law enable arbitration clients to do?

• consideration of the case based on modern legislation;
• freedom in choosing the substantive (applicable) law for the dispute and great freedom in determining the rules of arbitration proceedings;
• a wide range of procedural guarantees (including control by a state court when an arbitrator has not been excluded from the case or when the court of arbitration has unreasonably confirmed its jurisdiction in the case);
• cooperation between the state court and arbitrators in granting and enforcing legal securities;
• increased legal certainty of upholding an arbitration award (the grounds for annulment of an arbitration award by a state court are few and restrictively interpreted, which ensures the stability of the verdicts);
• little chance of refusing to recognize or enforce the arbitrators’ awards, which equates it with a state court’s judgment;
• modern rules of permanent courts of arbitration, which examine their compliance with the evolving amendments to Part V of the Code of Civil Procedure.

Thanks to the fact that our country is a party to key conventions, such as the New York and Geneva Conventions, and due to the implementation of the UNCITRAL Model Law, Poland offers a solid legal framework for arbitration. Owing to modern legislation, clients can count on the freedom to choose substantive law, broad procedural guarantees, and the stability of arbitration awards. Polish law, evolving in response to the needs of the practice of law, creates a friendly environment for arbitration, which benefits both domestic and foreign business entities. Thanks to the involvement of experts, such as lawyers from Jabłoński Koźmiński & Partners, Polish regulations on arbitration are constantly being improved, providing a modern and effective framework for dispute resolution.