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
Possible changes to Polish arbitration law – could the introduction of conversion of pending...
On 3 September 2021, the Ministry of Justice of Poland proposed an amendment to the Code of Civil Procedure (“the Draft”), with its main...
The Advocate General calls for additional requirements to be satisfied in order for an...
On April 22, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU ("CJEU") under case...
Energy Charter Treaty and EU law – the Advocate General’s opinion calling for broadening...
On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU ("CJEU") under case...
Baker McKenzie International Arbitration Yearbook 2020-2021 – Poland
POLAND
Aleksandra Żanowska and Łukasz Zbyszyński
A. LEGISLATION AND RULES
A.1 Legislation
Arbitration proceedings in Poland continue to be governed by the rules embodied in the Polish Civil...
EU law, Polish public policy? Polish court’s views on taking into account EU laws...
The Appellate Court in Warsaw recently ] considered whether the EU state aid regulations form part of the Polish public policy, when considering an...
Setting-off or setting aside? Polish court holds that tribunal’s refusal to consider set-off violates...
The Appellate Court in Warsaw ] considered whether a narrow arbitration clause may be a reason for rejecting a set-off argument raised by a...
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...
Arbitration News from Europe
Paris Court of Appeal provided further insight on arbitral tribunal’s jurisdiction over investments allegedly...
In State of Libya v. Nurol Insaat Ve Ticaret Anonim Sirketi, the International Commercial Chamber of the Paris Court of Appeal was called upon...
Possible changes to Polish arbitration law – could the introduction of conversion of pending...
On 3 September 2021, the Ministry of Justice of Poland proposed an amendment to the Code of Civil Procedure (“the Draft”), with its main...
Arbitration Statistics 2020 – In Full Sail Through the COVID Storm
Introduction
It is this time of the year again: most major arbitration institutions have published their statistical reports, giving us the opportunity to take a...
Swiss Supreme Court confirms that an arbitral tribunal may under certain circumstances refuse to...
In a decision published on 15th June 2021, the Swiss Federal Supreme Court ("SFSC") dismissed a challenge to set aside an arbitral award because...
Offsetting counterclaims against an arbitral award in the enforcement stage – a promising defense?
In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can...
How long do parties need to wait for an arbitral award in Germany?
Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties are typically not in the business...
The Paris Court of Appeal rules over French courts’ jurisdiction to hear a liability...
In a recent decision issued by the International Commercial Chamber of the Paris Court of Appeal, the court quashed a judgment of the Paris...
Brussels Court of First Instance rules that tribunal secretaries can assist in drafting an...
In a judgment of 17 June 2020, the Brussels Court of First Instance refused to set aside an ICC award in favour of the...
Swiss Supreme Court confirms that claims against bankrupt Swiss parties do not ipso facto...
In a decision published on 1st March 2021, the Swiss Federal Supreme Court ("SFSC") ruled on the arbitrability of a claim and the corresponding...