Poland: Arbitration & Dispute Resolution

Arbitration is routinely assumed to be the costlier alternative to litigation. That assumption deserves more scrutiny than it usually gets. Shorter proceedings reduce the interest accruing on a monetary claim where the respondent ultimately loses, and they shorten the period a company must carry a dispute reserve on its books — a factor with real weight for listed entities, where it feeds directly into valuation. Cost, in other words, is not just a function of hourly rates; it is a function of how the process is structured. The choices below are within the parties' control and can materially change the final bill.

Alternative Dispute Resolution (ADR) methods, including mediation, conciliation, and arbitration, have become increasingly popular in Poland.

An interesting decision issued in February 2017 by the Paris Court of Appeal (Cour d'Appel) may have an important impact on arbitral practice.