POLAND Law and Practice Contributed by: Justyna Kucia, Katarzyna Paczuska-Tokarska, Barnaba Skibniewski and Anna Tujakowska, Sołtysiński Kawecki & Szlęzak
Sołtysiński Kawecki & Szlęzak Jasna 26 Street 00-054 Warsaw Poland
Tel: +48 22 608 7000 Fax: +48 22 608 7070 Email: office@skslegal.pl Web: www.skslegal.pl
1. General 1.1 Prevalence of Arbitration
1.3 Arbitration Institutions The most prominent and thus popular arbitral insti - tutions in Poland are the Court of Arbitration at the Polish Chamber of Commerce in Warsaw and the Lewiatan Court of Arbitration. These are the biggest and most popular Polish arbi - tral institutions, but they are certainly not the only ones. There is also the Court of Arbitration at the Polish Bank Association, which specialises mainly in disputes concerning financial services rendered by banks, the Construction Court of Arbitration at the Association of Engineers, Experts and Advisers in Warsaw, which specialises in construction disputes and in disputes regarding public procurement, and the Court of Arbitration of the Polish Financial Supervision Authority, set up to deal with disputes between finan - cial market participants – in particular those arising from contractual relations between entities subject to the Authority’s supervision and recipients of services provided by those entities. In 2019, the Electronic Arbitration and Mediation Cen - tre at the Association of Notaries of the Republic of Poland in Warsaw (previously named Ultima RATIO), an online arbitration court, was created. No new arbitral institutions have been established in 2024–25. However, both the Court of Arbitration at the Polish Chamber of Commerce in Warsaw and the Lewiatan Court of Arbitration have adopted new rules, which entered into force on 1 January 2025.
In Poland, international arbitration is used particularly in commercial cases involving cross-border transac - tions. International arbitration is chosen for its neutral - ity, expertise and confidentiality, and for the enforce - ability of awards under the New York Convention – to which Poland is a party. Despite this, domestic parties in Poland, especially public entities, often still favour litigation before common courts as a means of resolv - ing their disputes. 1.2 Key Industries In Poland, no particular industries have experienced a notable surge in international arbitration activity in recent years. The popularity of arbitration within various sectors has remained relatively stable. There has not been a significant event or development that would cause one industry to stand out from others in terms of choosing arbitration for dispute resolution. This stability suggests that while international arbitra - tion continues to be a viable option, it has not seen any dramatic changes in preference within specific industries. International arbitration is most often used in the context of cross-border transactions giving rise to post-M&A disputes. That said, the growing volume of investment in Poland’s renewables sector has led to an increasing number of contracts involving foreign entities. As a result, arbitration agreements are now commonly included in such contracts. As a conse - quence, a future increase in arbitration cases related to the renewables sector may be anticipated.
630 CHAMBERS.COM
Powered by FlippingBook