POLAND Trends and Developments Contributed by: Justyna Kucia, Katarzyna Paczuska-Tokarska, Barnaba Skibniewski and Anna Tujakowska, Sołtysiński Kawecki & Szlęzak
Introduction This article examines key trends in Polish international arbitration, offering insights for businesses in or enter - ing Poland. It covers recent revisions to the rules of major Polish arbitration institutions. Revisions to the Arbitration Rules of Leading Polish Arbitration Institutions Over the past decade, the nature of arbitration pro - ceedings has evolved significantly, reflecting chang - es in user expectations and greater awareness of international arbitration practices. Arbitration institu - tions worldwide have incorporated new measures to streamline their processes, and Poland is no excep - tion. The two most significant arbitration institutions in Poland, namely the Court of Arbitration at the Pol - ish Chamber of Commerce (PCC) and the Lewiatan Court of Arbitration, have embarked on revising their arbitration rules to enhance efficiency and meet con - temporary challenges. New arbitration rules for the Court of Arbitration at the PCC The Court of Arbitration at the PCC, Poland’s larg - est and longest-standing arbitral institution, adopted a new set of arbitration rules effective as of 1 Janu - ary 2025. These revisions represent a comprehensive modernisation of the procedural framework, aligning the Court’s practices with those of leading interna - tional arbitral institutions. The overarching objective is to enhance the attractiveness of the Court as a forum for the resolution of disputes arising across Central and Eastern Europe. The most significant amendments include the follow - ing. • Seat and language of arbitration: The new rules do not indicate Warsaw as a default seat of arbitration, and Polish is no longer the default language. In the absence of party agreement, the arbitral tribunal is now empowered to determine both the seat and the language of the proceedings. • Recommended list of arbitrators: The previous requirement that a sole arbitrator or the presiding arbitrator be selected from the Court’s list of rec - ommended arbitrators has been removed. The list
now serves as a non-binding reference tool for par - ties unfamiliar with potential arbitrator candidates. • Commencement of proceedings: Arbitration proceedings must now be initiated exclusively by a request for arbitration. The previous alternative – that is, filing a full statement of claim, has been eliminated. • Electronic communication: The revised rules expressly authorise arbitral tribunals to mandate electronic communication for all procedural corre - spondence, regardless of any party’s objection. • Emergency arbitrator mechanism: A new emer - gency arbitrator procedure has been introduced. Prior to the constitution of the arbitral tribunal, an emergency arbitrator may issue interim measures to secure claims or preserve evidence. • Case management timelines: The arbitral tribunal is required to convene a case management confer - ence within 14 days of receiving the case file. If the conference is not held, the arbitral tribunal must issue Procedural Order No 1 within 21 days. • Early determination procedure: A party may request early determination of any claim, defence or issue where it is manifestly well-founded or, conversely, manifestly without merit. This aims to streamline proceedings by disposing of unmeritori - ous matters at an early stage. • Award deadlines: The arbitral tribunal is expected to render its award within six months from receipt of the case file, and no later than two months fol - lowing the final hearing or last written submission. • Interim awards: The rules introduce a revised definition of an interim award, expressly permitting the tribunal to decide on substantive issues in this format. • Electronic copies of the award: Following issuance, and upon a party’s request, the Court may provide an electronic copy of the arbitral award. However, such transmission does not constitute formal deliv - ery of the award. New arbitration rules for the Lewiatan Court of Arbitration Similarly, the Lewiatan Court of Arbitration adopted a new set of arbitration rules effective as of 1 January 2025. The changes aim to enhance the efficiency of arbitration proceedings, address new challenges and
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