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Articles contributed by Laszczuk & Partners
Dispute Resolution Review - Poland 2011
Poland is a civil law country. The Polish legal system follows the Continental, code-based tradition. The hierarchy of universally binding law includes the Constitution, treaties, statutes, and executive regulations. Judicial authority is exercised by courts and tribunals. Courts include the Supreme Court, the common courts, administrative courts and military courts.
Poland Arbitration 2011
One issue under discussion is whether Poland should become a party to the Washington (ISCID) Convention. Because Poland is a party to more than 60 bilateral investment treaties (BITs) and has recently been a party to several high-profile investment arbitration proceedings, becoming a party to the ISCID Convention is discussed among practitioners, but faces strong opposition on the government side. Apart from that, another issue is whether Poland should continue to maintain BITs at all with other countries within the EU.
Arbitration: 2010
Arbitration law is contained in part V of the Polish Civil Procedure Code. Generally, Polish arbitration law applies only to domestic arbitration proceedings (ie, when the place of arbitration is in Poland). If the place of arbitration is abroad or undetermined, the arbitration law will apply only as expressly provided. Generally, recognition and enforcement of domestic and foreign awards is governed by the same set of provisions, but there are significant differences in recognition and enforcement of domestic and foreign awards, both procedural and in the grounds for denial of recognition or enforcement.