THE AUTHORS:<\/strong> This article provides an overview of developments in the fields of commercial and investment arbitration<\/span> in Poland. We have also provided highlights of arbitration events in 2022.\u00a0<\/span><\/p>\n\n\n\n On 1 January 2022, the Rules of the <\/span>Court of Arbitration at the Polish Chamber of Commerce in Warsaw<\/span><\/a> in Disputes Regarding Resolutions (the “<\/span>Resolution Disputes Rules<\/span><\/b>“) came into force. They deal with disputes regarding the annulment or invalidation of a resolution adopted by the general meeting of a limited liability company or a joint-stock company, which lawfully should be heard by a court of arbitration. <\/span> <\/span><\/p>\n\n\n\n The Resolution Disputes Rules specifically address <\/span> <\/span><\/p>\n\n\n\n The Resolution Disputes Rules were introduced as a response to the recent amendments to the Polish Code of Civil Procedure (which entered into force on 8 September 2019) which confirmed the arbitrability of resolution disputes. Up to this change, the question whether resolution disputes can be resolved by means of arbitration remained unanswered and there were differing approaches.<\/span> <\/span><\/p>\n\n\n\n The Lewiatan Court of Arbitration has introduced a similar arrangement and included Supplementary Regulations for Proceedings in Corporate Disputes as Appendix VI to the Rules of the Court of Arbitration at the Confederation Lewiatan in July 2020.\u00a0\u00a0<\/span><\/p>\n\n\n\n On 14 November 2022, the President of Poland, signed an act terminating the <\/span>Energy Charter Treaty (“<\/span>ECT<\/span><\/b>“)<\/span><\/a> and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects. The act entered into force 14 days after the date of its publication. <\/span> <\/span><\/p>\n\n\n\n In the written motives to the draft law, <\/span>Poland<\/span><\/a> has considered the withdrawal from the ECT to be necessary due to the following reasons:<\/span> <\/span><\/p>\n\n\n\n The media has reported that the decision to withdraw from the ECT came as a surprise as it went largely unnoticed (despite green activists who have been campaigning for years against the treaty). Poland’s withdrawal was part of the bigger exit from the ECT in the European Union. <\/span>Spain<\/span><\/a>, the <\/span>Netherlands<\/span><\/a>, <\/span>France<\/span><\/a>, and <\/span>Germany<\/span><\/a> followed in Poland’s footsteps and announced their intention to exit from the ECT. <\/span>Italy<\/span><\/a> withdrew from the ECT in 2016.\u00a0<\/span><\/p>\n\n\n\n After the downtime in in-person gatherings, 2022 brought numerous arbitration events:<\/span> <\/span><\/p>\n\n\n\n Olga Marcinkowska<\/span> <\/span><\/strong>is an Associate at the international dispute resolution boutique <\/span>Queritius<\/span><\/a><\/strong>, Poland and a trainee advocate with the Warsaw Bar Association. Olga is a member of the Poland VYAP Founding Committee and a mentee in the Moot Alumni Association Mentor-Mentee Programme.<\/span>\u00a0<\/span><\/p>\n\n\n\n
Olga Marcinkowska<\/span><\/span><\/strong>, Associate at the international dispute resolution boutique <\/span>Queritius<\/span><\/a><\/strong><\/span>
Agata Zwolankiewicz<\/span><\/span><\/strong>, <\/span><\/span>Associate in the dispute resolution department at Linklaters<\/a><\/strong> <\/span><\/span><\/p>\n\n\n\n
\n\n\n\nDevelopments in Commercial Arbitration<\/span><\/strong><\/b>\u00a0<\/strong><\/span><\/h2>\n\n\n\n
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Developments in Investment Arbitration<\/span><\/strong><\/b>\u00a0<\/strong><\/span><\/h2>\n\n\n\n
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Arbitration Events<\/strong><\/span><\/b><\/h2>\n\n\n\n
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