Abstract:Polish Civil Procedure Code is now clear on the arbitrability of corporate matters. Background Polish civil procedure law has recently been subject to a wave of amendments. They were various in nature, purpose and magnitude. Some were just a confirmation of already established practice, and others could be classified as a reform of the core of the Polish civil court system. All of them, however, were promoted as aiming to ease bureaucracy and make legal…
The Appellate Court in Wrocław, Poland [Case No. I ACa 1109/17[1]] considered the question of whether the principle…
The Polish Supreme Court[1] dealt with two issues arising out of setting aside proceedings. First, the question of…
According to the Polish Supreme Court – very far, as it allowed an arbitral award to modify the key provision of a contract on the basis of equity principles. The questions that arose before the Polish Supreme Court in recent setting aside proceedings[1] concerned the issue of modifying the remuneration agreed in a contract between two professional parties on the basis of the principles of equity. The Supreme Court had to answer the question of…
In a nutshell, arbitration must fulfil two main aims to be attractive to its potential users: enforceability of…