Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition
Click here for the chapter on Poland in the 2018-2019 Arbitration Yearbook.
Baker McKenzie’s Arbitration Yearbook 2017-2018 Edition
Arbitration News from Poland
New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment...
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties ("BITs") concluded between EU member states,...
Baker McKenzie International Arbitration Yearbook 2019-2020 – Poland
POLAND
Sylwia Piotrowska, Aleksandra Żanowska, and Łukasz Zbyszyński
A. LEGISLATION AND RULES
A.1 Legislation
The Act of 17 November 1964 - Code of Civil Procedure, which governs arbitration...
Poland – Changes to law – arbitrability of disputes over corporate resolutions
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...
Polish Appellate Court set aside ICC award for violating basic principles of public policy
The Appellate Court in Wrocław, Poland ] considered the question of whether the principle that a case must be examined comprehensively and that doubts...
Poland: The autonomy of the arbitration proceedings and the limited scope of the public...
The Polish Supreme Court dealt with two issues arising out of setting aside proceedings. First, the question of the relationship between the decision of...
Poland: How far can an arbitral tribunal go if they consider the contract inequitable?
According to the Polish Supreme Court – very far, as it allowed an arbitral award to modify the key provision of a contract on...
Arbitration in Poland after the 2015 amendments of the Code of Civil Procedure and...
In a nutshell, arbitration must fulfil two main aims to be attractive to its potential users: enforceability of the award must be certain and...
Arbitration News from Europe
Higher Regional Court Frankfurt Finds Publication of a Dissenting Opinion to be Ground for...
German law strictly protects the secrecy of the deliberations of a court and therefore does not allow the publication of dissenting opinions of lower...
Carpatsky Petroleum Corporation v PJSC Ukrnafta: issue estoppel and abuse of process in arbitration...
Key takeaways
The Carpatsky case is interesting for a number of reasons as it:
underlines the deference paid to decisions of supervisory courts...
Reform of Swiss international arbitration law approved by the Parliament
In 2017, the Swiss Government released a draft bill aiming at a reform of the Swiss international arbitration legislation. On 9 June 2020, after several...
Section 68 challenge succeeds on the basis of serious irregularity caused by uncertainty or...
In Xstrata Coal v Benxi Iron & Steel ( EWHC 324 (Comm)), the English High Court permitted a challenge made under section 68 of...
Court of Cassation Takes Significant Step for Arbitration: Court Sustained an Arbitral Award with...
The role of the courts in the development of arbitration proceedings is undeniably crucial. The 15th Civil Chamber of the Court of Cassation, with its...
English Court of Appeal provides much needed clarity on the proper law of an...
Introduction
The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two...
New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment...
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties ("BITs") concluded between EU member states,...
A Practical Global Guide: Arbitration of M&A Transactions
M&A transactions, which typically involve share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, are a huge area of commercial activity,...
Rare successful challenge to arbitral award on a point of law
In Tricon Energy Ltd v MTM Trading LLC EWHC 700 (Comm), the English High Court granted a rare successful appeal against an arbitral...