POLAND Law and Practice Contributed by: Justyna Kucia, Katarzyna Paczuska-Tokarska, Barnaba Skibniewski and Anna Tujakowska, Sołtysiński Kawecki & Szlęzak
13.2 Ethical Codes There is no generally applicable code of ethical con - duct for arbitrators or counsel in arbitration. Such codes are instead formulated by the most important arbitration institutions – eg, the Code of Ethics for Arbitrators of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw or the Code of Eth - ics for Arbitrators of the Lewiatan Court of Arbitration. In 2019, the Polish Arbitration Association prepared an Arbitrator’s Pledge, which reflects good practices in the management of arbitral proceedings. These are the minimum requirements to be met by the arbitrators to handle proceedings efficiently and effectively. The principles set out in this document do not prejudice further-reaching requirements that can arise from the rules of arbitration courts. Additionally, if the counsel in arbitration are profes - sional counsel – ie, advocates ( adwokats ) or attor - neys-in-law ( radca prawny ), they are bound by their professional codes of conduct. 13.3 Third-Party Funding There are no regulations in the CPC concerning third- party funders. However, in the new arbitration rules of Poland’s most prominent arbitral institution, namely the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, information duties regarding third-party fund - ing have been imposed on the parties. Consequently, from January 2025, parties involved in PCC arbitration are required to disclose the identities of their third- party funders in arbitration proceedings.
13.4 Consolidation Under the CPC, when an arbitration agreement is included in the company’s articles of association, the arbitration tribunal before which the case regarding a particular resolution of the shareholders’ meeting was first brought shall have jurisdiction over all disputes concerning a given resolution. Other than that, Polish law does not provide any rules for the consolidation of arbitration proceedings, so there are no restrictions in this respect either. 13.5 Binding of Third Parties Polish law applies the principle of separateness and independence of legal entities. Thus, as a general rule, an arbitration agreement will not bind third parties. However, a third party may be bound by an arbitration agreement in the case of assignment of a contract, general succession or acquisition of an enterprise. Moreover, there are special rules pertaining to an arbi - tration agreement included in the articles of associa - tion of a company that allow extension of the arbitra - tion agreement to the company and any subsequent shareholders, as well as to the bodies of the company and members thereof. Similar rules also apply to fam - ily foundations.
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