New Provisions of Polish Law Concerning Arbitration – Selected Issues
New Provisions of Polish Law Concerning Arbitration – Selected Issues

Summary/Abstract: This article is devoted to the analysis of new regulations of the Polish Code of Civil Procedure relating to arbitration proceedings as an alternative to the traditional court litigation method of resolving disputes in civil and commercial matters. The basic procedural provisions analyzed in the article have been adopted in 2005 and their main aim was focusing on meeting the expectations of the representatives of a legal doctrine and entrepreneurs as well as conforming Polish law to the international arbitration standards, in particular UNCITRAL Model Law of International Commercial Arbitration. The article concentrates on indicating the most important changes in Polish law in the field of arbitration, including arbitration agreement, the principles of arbitration proceedings and the award issued by the arbitral tribunal. The article presents essential changes in the provisions of civil procedure referring to the scope of issues that may be submitted to be resolved in arbitration proceedings emphasizing that nowadays legal disputes arising out of the employment relationship may be the subject matter of the arbitration agreement. The article explains the definition of the arbitration agreement included in the provisions of the Polish Code of Civil Procedure and indicates its obligatory elements. It also contains the analysis of the most important changes in the provisions considering the form of the arbitration agreement. The article describes general principles of arbitration proceedings focusing on the rule of equality of the parties and legal consequences of inclusion in the arbitration agreement of the clauses which are inconsistent with this rule. The last part of the article deals with legal aspects of issuing the award by the arbitral tribunal and termination of the proceeding.

• Details
• Contents