Arbitration in Poland is governed by Part V, Articles 1154–1217 of the Code of Civil Procedure of 17 November 1964 (as amended). It regulates all key aspects of domestic and international arbitration seated in Poland, including:
- the arbitration agreement;
- the appointment of arbitrators;
- the conduct of proceedings;
- the issuance of awards;
- the setting aside of awards; and
- enforcement by the state courts.
Major amendments were introduced in 2015 (limiting post-arbitral proceedings to one instance) and 2019 (making corporate disputes arbitrable).
Additional regulations are set out in the Act on Trade Inspection of 15 December 2000 (as amended), which provides for the establishment of permanent consumer arbitration courts to resolve disputes between consumers and business entities. In particular, it provides for arbitration in disputes between banks and consumers.
Part V of the Code of Civil Procedure creates a single, unified framework for arbitration in Poland. The distinction between domestic and international arbitration arises only in enforcement and practical application, not in the statutory text itself.
The Polish arbitration framework, which is largely based on the UNCITRAL Model Law and the New York Convention, ensures:
- party autonomy;
- procedural fairness; and
- compatibility with international arbitration standards.
Arbitration in Poland is primarily contractual and flexible. Most provisions are dispositive, but the provisions on procedural fairness, arbitrability, the form of the arbitration agreement and judicial oversight are mandatory and cannot be excluded or modified by agreement.
The parties are free to determine:
- the rules of procedure;
- the composition of the tribunal;
- the seat of the arbitration;
- the language of the arbitration; and
- the law applicable to both the merits and the arbitration itself (Articles 1184(1)–(2) of the Code of Civil Procedure).
The statutory provisions serve mainly as default rules, applying only where the parties or the chosen arbitral institution have not agreed otherwise.
Mandatory clauses protect fundamental procedural guarantees and public policy. These include the provisions on:
- equal treatment and the right to be heard (Article 1183);
- arbitrability limits (Article 1157);
- the written form of the arbitration agreement (Article 1162 §1);
- judicial control and court assistance (Articles 1171 § 2, 1176 § 2, 1177 § 2, 1178 § 2, 1179 § 2, 1180 § 3, 1181 § 3, 1192);
- non-modifiable grounds for setting aside an award (Article 1206); and
- the public policy exception (Articles 1206 §2(2), 1214 §3(2)).
There are currently no plans for any amendments.
Poland is a party to the 1958 New York Convention and generally enforces foreign arbitral awards. It made two standard reservations – the convention applies to:
- awards from other contracting states; and
- commercial disputes under Polish law.
These are routine clarifications and do not affect most international arbitration cases.
Besides the New York Convention (1958), Poland is a party to other arbitration-related treaties, including:
- the European Convention on International Commercial Arbitration (1961);
- the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965); and
- numerous bilateral investment treaties, all of which support the recognition and enforcement of foreign and investment awards.
Parties may arbitrate disputes concerning property rights (except maintenance/alimony cases) and disputes concerning non-property rights, if such disputes may be settled by court settlement. The scope of arbitrable cases is broad – it has included corporate disputes since 2019.
The seat of arbitration may be within or outside Poland. Indicating the seat is not mandatory. Hearings may be held remotely. The award must indicate the place where it was issued.
In principle, the agreement should be made in writing (although there are dissenting opinions on this point). An electronic form is permitted. The parties must specify:
- the subject matter of the dispute; or
- the legal relationship from which the dispute has arisen or may arise.
The parties may also designate a permanent arbitration court as the body that is competent to resolve the dispute.
In practice, parties frequently determine:
- the seat of arbitration;
- the language of the arbitration;
- the applicable rules; and
- the substantive law.
Not explicitly under statute, but the separability doctrine is recognised in practice.
If the seat and/or language are not specified, the tribunal will determine them.
No later than in the statement of defence or within another timeframe agreed by the parties, unless:
- before the expiry of that timeframe a party did not know and, exercising due diligence, could not have known the grounds for such an objection; or
- those grounds arose only after that timeframe had expired.
Yes. The kompetenz-kompetenz doctrine applies.
Yes. If the arbitral tribunal rejects the jurisdictional objection, either party may, within two weeks of the date on which the ruling was served, apply to the court for a decision on that issue.
No, but the parties must have full legal capacity to conclude the agreement.
According to doctrine, the parties must:
- pay the arbitrators’ remuneration; and
- reimburse their expenses.
Not specifically, but multi-party arbitration is recognised.
There are no separate regulations. The agreement is interpreted as a standard contract. Both the applicable arbitration rules and the substantive law may be determined by the parties.
The will of the parties prevails. If the applicable substantive law is unclear, the tribunal will determine it. Ruling under general principles of law or equity is permitted only if expressly authorised by the parties.
Not explicitly, but it is possible – especially under the rules of permanent arbitration courts.
Not explicitly, but it is not excluded.
It may bind shareholders when included in the articles of association. In such cases, a future shareholder becomes a party to the arbitration agreement.
By the parties. If no specification is made, the arbitral tribunal will consist of three arbitrators. In multi-member tribunals, the arbitrators will appoint the presiding arbitrator.
There are no such requirements. In practice, tribunals usually consist of three members.
An arbitrator may be challenged on the grounds of a lack or violation of impartiality and/or independence. The parties may also jointly revoke an arbitrator for any reason. Unless otherwise agreed, a party requesting disqualification must do so within two weeks of learning of:
- the arbitrator’s appointment; or
- the circumstances affecting their impartiality or independence.
In the same manner as was originally provided for the appointment of the arbitrator.
The core duty to issue an award is not explicitly legislated. Obligations to maintain authority, impartiality, independence and procedural efficiency can be derived from the statute.
(a) Procedure, including evidence?
The arbitrators:
- manage the procedure;
- schedule hearings;
- admit evidence; and
- set deadlines.
(b) Interim relief?
The arbitrators have the power to order interim relief unless the parties have agreed otherwise.
(c) Parties which do not comply with its orders?
The tribunal may issue procedural orders if the parties have agreed to this.
(d) Issuing partial final awards?
The arbitrators have the power to issue final awards.
(e) The remedies it can grant in a final award?
The award addresses the merits of the case. There are no statutory restrictions on the types of remedies that may be granted.
(f) Interest?
The arbitrators have the power to award interest.
The tribunal has no coercive power, but non-participation may result in negative procedural consequences.
Not by statute. However, permanent arbitration courts include indemnification clauses in their regulations.
Strictly speaking, no – it should reject the claim. However, if the parties agree to arbitrate while litigation is pending, the state court must discontinue the proceedings.
The courts may:
- decide on the recognition or enforcement of arbitral awards issued both in Poland and abroad; and
- set aside domestic awards.
No. Statutory provisions are binding.
In the absence of explicit statutory regulation, it mostly depends on the parties. Permanent arbitration courts have their own cost allocation rules.
No.
There are no statutory restrictions.
The award must comply with the parties’ choice of substantive and procedural law. It must be made in writing and signed. A reasoned decision (justification) is required.
Not by statute, but the parties may set a deadline for issuing the award.
Yes – under the Code of Civil Procedure (Articles 1212-1217), which governs the recognition and enforcement of both domestic and foreign arbitral awards.
Polish law permits only an application to set aside the award. The grounds are listed in Article 1206 of the Code of Civil Procedure.
It must be filed in writing:
- within two months of the date of service of the award; or
- if a party has requested supplementation, correction or interpretation, within two months of the date on which the arbitral tribunal issued its decision in relation to that request.
No. Such clauses are ineffective and have no legal effect.
Not by statute. The parties may include a confidentiality clause in the arbitration agreement. In practice, arbitration remains strictly confidential.
Only if agreed by the parties.
