Arbitration News from Poland

Baker McKenzie International Arbitration Yearbook 2021-2022 – Poland

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A. LEGISLATION AND RULES A.1       Legislation Arbitration proceedings in Poland continue to be governed by the laws embodied in the Polish Civil Procedure Code. These laws...

Possible changes to Polish arbitration law – could the introduction of conversion of pending...

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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...

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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...

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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

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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...

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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...

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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...

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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

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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

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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...

Arbitration News from Europe

Swiss case law on multitier dispute resolution clauses: Is a pre-arbitral ADR attempt mandatory?

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Arbitration is the most popular choice for dispute resolution in multinational commercial agreements. At times, relevant arbitration clauses provide that arbitration proceedings can only...

District Court of Munich confirms arbitrability of patent validity disputes

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The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate. Traditionally, the prevailing opinion among scholars...

SCC Express Dispute Assessment – Quick and Dirty?

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One year ago, in May 2021, the Arbitration Institute of the Stockholm Chamber of Commerce ("SCC") extended its portfolio of dispute resolution services with...

Now available: International Arbitration Yearbook 2021-2022

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We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 15th edition looks at key...

Paris Court of Appeals Upheld Arbitral Award Signed in Separate Pages During Covid-19 Lockdown

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The case at hand is, to our knowledge, the first and sole decision rendered by French courts in arbitration concerning issues related to the...

Myths Debunked: Preferences for Arbitration and Litigation

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No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the...

The Constitutional Court of the Republic of Turkey rules that Turkish courts’ lack of...

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On 8 June 2021, the Constitutional Court of the Republic of Turkey ("Constitutional Court") decided on an individual application concerning, inter alia, violation of...

German Supreme Court confirms that Achmea-decision is transferable to arbitration clauses in other BITs

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One year ago, the Higher Regional Court Frankfurt decided that the Achmea-decision by the Court of Justice of the EU (“CJEU“) is transferable to...

Paris Court of Appeal provided further insight on arbitral tribunal’s jurisdiction over investments allegedly...

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In State of Libya v. Nurol Insaat Ve Ticaret Anonim Sirketi, the International Commercial Chamber of the Paris Court of Appeal was called upon...

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

 

Click here for the chapter on Poland in the 2017-2018 Arbitration Yearbook.