Patrycja Starczewska<\/strong>, Senior Associate at Clyde & Co.<\/a><\/strong>
Maciej Wi\u015bniewski<\/strong>, Associate at Clyde & Co.<\/a><\/strong>
Magdalena W\u0105troba<\/strong>, Counsel at Clyde & Co.<\/a><\/strong>
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Clyde & Co<\/a>\u2019s Young Arbitration Group provides a unique insight into\u00a0international arbitration\u00a0issues through the lens of young international arbitration practitioners working across different jurisdictions. In this series with\u00a0Daily Jus<\/a>, Clyde & Co explores the evolving landscape of arbitration reforms<\/strong>, analyzing recent developments, legislative changes, and their impact on dispute resolution worldwide.<\/em><\/em><\/p>\n\n\n\n In recent years, Poland<\/a> has seen substantial revisions to its legal framework of arbitration proceedings. These reforms are designed to promote arbitration as a preferred and legally supported method for dispute resolution. Concurrently, key Polish arbitration courts have updated their regulations to enhance accessibility for dispute participants. This article examines the latest amendments to the Polish Civil Procedure Code (the \u201cPCPC<\/strong>\u201d) concerning arbitration as well as changes to the major arbitration courts in Poland regulations, and significant rulings by the Supreme Court of the Republic of Poland relevant for arbitration.<\/p>\n\n\n\n On 31 July 2019, by way of a revised Article 1163, the PCPC underwent a<\/span> major amendment (the \u201c2019\u00a0Amendment\u201d), which brought about several important modifications to the arbitration process in Poland.<\/p>\n\n\n\n A key focus of the 2019 Amendment was facilitating corporate arbitration to enable disputes on the validity of shareholder resolutions in limited liability and joint-stock companies to be arbitrable, and also by setting up a framework for resolution of these types of disputes. The 2019 Amendment:<\/p>\n\n\n\n These revisions eliminated the practical problem where one resolution could be \u2013 concurrently \u2013 challenged both in arbitration proceedings by a shareholder and in court proceedings by a member of the body. Therefore, the 2019 Amendment removed a significant risk of two contradictory rulings\u2019 coexisting.<\/p>\n\n\n\n In addition, the 2019 Amendment added new formal requirements for arbitration agreements contained in the articles of association (e.g.<\/em> an obligation to announce the commencement of arbitration).<\/p>\n\n\n\n Most recently, the amendment to the PCPC, dated March 9, 20<\/span>23 (the \u201c2023 Amendment\u201d), introduced significant changes aimed at enhancing the arbitration framework generally. Notably, the 2023 Amendment introduced the conversion procedure which allows parties to convert ongoing court proceedings into arbitration upon mutual consent. According to the revised Article 1161(1) of the PCPC, parties can choose to submit their dispute to arbitration up until the case is finally resolved by the state court. This would involve the parties entering into an arbitration agreement and making a joint request for the discontinuance of the litigation.<\/p>\n\n\n\n To give effect to the conversion procedure:<\/p>\n\n\n\n Key Changes in Arbitration Rules<\/strong><\/p>\n\n\n\n Changes to the general legal framework like the PCPC are crucial for ensuring efficient and fair legal proceedings. However, in arbitration, the significance of well-crafted and accessible rules is paramount. Arbitration chambers must provide clear and comprehensive guidelines to facilitate effective dispute resolution. Recent updates to the rules of significant arbitration courts in Poland highlight efforts to enhance the arbitration process in Poland.<\/p>\n\n\n\n The amendment to the rules of the Court of Arbitration at the Lewiatan Confederation came into effect on January 1, 2025. The most important changes are as follows:<\/p>\n\n\n\n The new rules of the Court of Arbitration at the Polish Chamber of Commerce (\u201cSAKIG<\/strong>\u201d)<\/a> also came into effect with the beginning of 2025. The key changes are:<\/p>\n\n\n\n These comprehensive updates to the arbitration rules underscore a commitment to modernizing the arbitration process in Poland, making it more efficient, flexible, and responsive to the needs of contemporary dispute resolution. <\/p>\n\n\n\n Supreme Court rulings play a key role in shaping the Polish legal system, including the promotion of arbitration as an effective method of dispute resolution.<\/p>\n\n\n\n On 12 April 2024, the Supreme Court ruled on case no. II CSKP 1099\/22<\/strong><\/a> regarding the formal requirements for an application to declare the enforceability of a foreign arbitral award. A foreign company applied for recognition and enforcement of an arbitration award. However, it only provided a regular copy of the arbitration clause, instead of the original or a certified copy (as required by Article 1213 \u00a7 1 of the PCPC) \u2013 the parties signed their copies of the clauses and exchanged scans. Initially, the application was denied due to the lack of the original arbitration clause. However, the Supreme Court overturned this ruling, stating that if the existence of the arbitration clause is undisputed, the requirement to provide the original document becomes unnecessary. This is an important step towards simplifying and making the recognition proceedings less formal.<\/p>\n\n\n\n In a ruling of 15 September 2020, case no. I CSK 182\/20<\/strong><\/a>, the Supreme Court addressed the issue of setting-aside proceedings in the case of S. v. W.<\/em>. The Court stated that common courts cannot examine whether the arbitral award was based on correctly established facts or correctly interpreted substantive law norms. The review of the award in terms of compliance with the public order clause relates to the content of the award itself, not the manner in which the arbitral tribunal conducted the proceedings. This on the other hand is a firm vote in favor of limiting the setting aside of arbitral awards issued.<\/p>\n\n\n\n These amendments represent a significant advancement for arbitration in Poland, reflecting a commitment to aligning with best practices and addressing the evolving needs of arbitration users. Recent changes to the rules of major Polish arbitration courts aim to modernize and enhance arbitration procedures.<\/p>\n\n\n\n The jurisprudence of the Polish Supreme Court demonstrates its role in fostering the development of arbitration, ensuring its accessibility and reliability. This provides assurance to entities choosing Poland as an arbitration venue regarding the conduct of potential post-arbitration proceedings.<\/p>\n\n\n\n By modernizing the arbitration process and aligning with international standards, Poland is enhancing its appeal as a venue for alternative dispute resolution. The Polish arbitration environment, encompassing both the legal framework and arbitration tribunals, is well-equipped to handle large-scale and complex disputes across various business sectors.<\/p>\n\n\n\n ABOUT THE AUTHORS<\/strong><\/p>\n\n\n\n Patrycja Starczewska<\/strong> is a Senior Associate in the Warsaw Office of Clyde & Co<\/a> <\/strong>with extensive experience in commercial disputes in court and arbitration proceedings. She advises on commercial law including clients from a variety of sectors, such as energy, banking, railways, transportation, telecommunications, IT, food, and publishing.\u202f <\/p>\n\n\n\n Maciej Wi\u015bniewski<\/strong> is an Associate in the Dispute Resolution team in Clyde & Co<\/strong><\/a>\u2019s Warsaw office and a trainee advocate specialising in litigation and dispute resolution.<\/p>\n\n\n\nIntroduction<\/strong><\/h2>\n\n\n\n
Recent<\/strong> Changes of Polish Civil Procedure in Favour of Arbitration<\/strong><\/h2>\n\n\n\n
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Significant Rulings of Poland’s Supreme Court<\/strong><\/h2>\n\n\n\n
Conclusion<\/strong><\/h2>\n\n\n\n
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