Arbitration in Poland - selected practical issues

Report
YIAG Briefing & Roundtable
Warsaw, Poland; 16 June 2011
Arbitration in Poland: Selected Practical Issues
Monika Hartung
Legal Adviser, Partner, Warsaw
Przemysław P. Krzywosz
Contents
A. Polish Arbitration Regulations – Sources & issues
B. Arbitrability issues
C. Injunctions - Effective protection of a claim
C. Terms of Reference – Do they work in Poland?
D. Witness statements – Practice & law
E. Competence – competence rules
2011-06-16
2
Polish Arbitration Regulations –
Main Sources
 Part V of the Polish Civil Procedure Code (PCPC): Articles
1154 - 1217 entered into force in 2005 based on the
UNCITRAL Model Law on International Commercial
Arbitration
 New York Convention
 Rules of Arbitration Courts

2011-06-16
There are 22 arbitration courts thin Poland, leading ones include
KIG Court of Arbitration and Lewiatan Court of Arbitration, both
based in Warsaw.
3
Polish Arbitration Regulations –
Selected Issues

Polish civil law state court process versus arbitration:


Arbitration court award enforcement


Disclosure, Discovery & Preclusion of evidence in commercial
cases
Up to 3 procedural stages
Arbitration in bankruptcy

2011-06-16
Local Polish perspective versus cases adjudicated outside Poland
4
Arbitrability
2011-06-16
5
Injunctions
 Party has the right to request for injunction both the state court
and the arbitration tribunal.
 Main differences between the two options:
 Timing – state court could be approached up front, arbitration tribunal
only after its constitution
 Scope – state court is more restricted in certain situations as to the
catalogue of measures
 Hearing – state court may (with exceptions) act “unilaterally”,
arbitration tribunal should hear both parties.
 Enforcement – additional action via the state court required in case of
arbitration tribunal decision.
No “emergency arbitrator nominations” under Polish
arbitration courts’ rules as yet
2011-06-16
6
Terms of Reference
 No direct base in the Polish regulations
 Quasi “Terms of Reference” as modification of pleadings
during the procedure
 Used sometimes internally by arbitrators as a ”working tool”
to define the drivers of the case at its outset
2011-06-16
7
Witness statements
 No direct base in the Polish regulations
 Civil law tradition – no “preparation” of witness or her/his
“written statements”
 By agreement used more and more often
 Often not very helpful due to lack of understanding of their
role
2011-06-16
8
Competence - competence
2011-06-16
9
Thanks for your attention
Monika Hartung
Aleje Ujazdowskie 10, 00-478 Warsaw, Poland
tel.: + 48 22 437 82 00, + 48 22 537 82 00
e-mail: [email protected]
Przemko Krzywosz
Marconich 11/5, 02-954 Warsaw, Poland
[email protected]
Phone: +48-22-6424565; Fax: +48-22-8428514
E-mail: [email protected]
2011-06-16
10

similar documents