Monika Hartung Legal Adviser, Partner, Warsaw Arbitration in Poland: Selected Practical Issues YIAG Briefing & Roundtable Warsaw, Poland; 16 June 2011 Przemysław P. Krzywosz

A.Polish Arbitration Regulations – Sources & issues B.Arbitrability issues C.Injunctions - Effective protection of a claim C.Terms of Reference – Do they work in Poland? D.Witness statements – Practice & law E.Competence – competence rules Contents

Polish Arbitration Regulations – Main Sources  Part V of the Polish Civil Procedure Code (PCPC): Articles entered into force in 2005 based on the UNCITRAL Model Law on International Commercial Arbitration  New York Convention  Rules of Arbitration Courts  There are 22 arbitration courts thin Poland, leading ones include KIG Court of Arbitration and Lewiatan Court of Arbitration, both based in Warsaw

Polish Arbitration Regulations – Selected Issues  Polish civil law state court process versus arbitration:  Disclosure, Discovery & Preclusion of evidence in commercial cases  Arbitration court award enforcement  Up to 3 procedural stages  Arbitration in bankruptcy  Local Polish perspective versus cases adjudicated outside Poland

Arbitrability

Injunctions  Party has the right to request for injunction both the state court and the arbitration tribunal.  Main differences between the two options:  Timing – state court could be approached up front, arbitration tribunal only after its constitution  Scope – state court is more restricted in certain situations as to the catalogue of measures  Hearing – state court may (with exceptions) act “unilaterally”, arbitration tribunal should hear both parties.  Enforcement – additional action via the state court required in case of arbitration tribunal decision. No “emergency arbitrator nominations” under Polish arbitration courts’ rules as yet

Terms of Reference  No direct base in the Polish regulations  Quasi “Terms of Reference” as modification of pleadings during the procedure  Used sometimes internally by arbitrators as a ”working tool” to define the drivers of the case at its outset

Witness statements  No direct base in the Polish regulations  Civil law tradition – no “preparation” of witness or her/his “written statements”  By agreement used more and more often  Often not very helpful due to lack of understanding of their role

Competence - competence

Thanks for your attention Monika Hartung Aleje Ujazdowskie 10, Warsaw, Poland tel.: , Przemko Krzywosz Marconich 11/5, Warsaw, Poland Phone: ; Fax: