Easier Way To Switch From Litigation To Arbitration In Poland

While we were all enjoying the summer, new legislation amending the civil procedure came into force in Poland. Among many procedural details, one should not overlook a significant change – it is now easier to convert a dispute from litigation to arbitration.

New special regulations

Until now, parties had a general right to conclude an arbitration agreement after a dispute had already been commenced before a common court. However, in such cases, the claimant usually had to withdraw the lawsuit and then the proceedings were discontinued based on general rules.

New provisions explicitly allow parties to submit a dispute pending before a common court to an arbitral tribunal until the case is finally resolved. To this end, the parties must (1) conclude an arbitration agreement and then (2) file a consensual request for discontinuation of the proceedings before the common court.