POLAND Trends and Developments Contributed by: Justyna Kucia, Katarzyna Paczuska-Tokarska, Barnaba Skibniewski and Anna Tujakowska, Sołtysiński Kawecki & Szlęzak
where it is manifestly well-founded or, conversely, manifestly without merit. This aims to streamline proceedings by disposing of unmeritorious 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 elevate service standards. The key changes include the following. • Electronic communication by default : All corre - spondence – including letters, memoranda and documents – must be served electronically after the first exchange, unless the arbitral tribunal decides otherwise. Traditional service by post is no longer the default. • Expanded scope of expedited proceedings : The value threshold for expedited arbitration has increased to PLN200,000 (up from PLN50,000). Unless the parties agree otherwise, cases below this threshold will follow the expedited procedure. • No remuneration for resigning arbitrators : Arbitra - tors who resign from their post, regardless of the reason, are no longer entitled to remuneration. This change is intended to discourage unjustified withdrawals. • Presidential veto on arbitrator appointments : The President of the Court may object to the appoint - ment of an arbitrator if they determine that the nominee is not suited to properly perform arbitral duties.
• Abolition of incomplete tribunal awards : If, after the close of proceedings, an arbitrator dies, resigns, is dismissed or stops participating, the panel may no longer issue an award without first being reconsti - tuted. • Initiation by request for arbitration : Proceedings may now be commenced by submitting a request for arbitration, aligning Lewiatan’s practice with international norms and simplifying case initiation. • Revised third - party joinder rules : The framework for joining third parties now mirrors the Polish Code of Civil Procedure, clarifying the legal basis for partici - pation of additional parties in the arbitration. • Liberalised consolidation of cases : Consolidation no longer requires a shared legal relationship – cases may be joined if the parties agree, even if they concern separate claims. • Stricter award deadlines with preserved mandate : Tribunals are expected to issue awards within six months of constitution and no later than one month after the close of evidentiary proceedings. Failure to meet these deadlines does not affect the tribu - nal’s jurisdiction or validity. • Detailed cost allocation provisions : Tribunals may now allocate procedural costs by case stage, issue or specific party conduct, offering greater flexibility and fairness in managing arbitration costs. Recent Polish Supreme Court Case Law Shaping Arbitration Practice Recent decisions by the Polish Supreme Court have addressed aspects of arbitration in Poland, includ - ing the binding effect of arbitral awards, the scope of public policy review and procedural requirements in proceedings to set aside awards. Scope of public policy clause (II CSKP 357/25, 5 June 2025) The Supreme Court confirmed that not every instance of adjudicating beyond the relief sought in the state - ment of claim necessitates the setting aside of an arbitral award as being contrary to the public policy clause. The application of this clause within the con - text of the review of arbitral awards does not consist of establishing a closed catalogue of “fundamental principles of the legal order of the Republic of Poland” and mechanically assessing whether the challenged award or the proceedings leading to its issuance, or
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