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Setting aside of arbitral awards in Poland

Setting aside of arbitral awards in Poland. Warsaw, 16 June 2011 Agnieszka Różalska-Kucal. Ratio of setting aside proceedings. Polish Supreme Court Judgment , 1935 : private method of dispute resolution ; not always aware of legal provisions ;

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Setting aside of arbitral awards in Poland

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  1. Settingasideof arbitralawardsin Poland Warsaw, 16 June 2011 Agnieszka Różalska-Kucal

  2. Ratioof settingasideproceedings PolishSupremeCourtJudgment, 1935: • private method of dispute resolution; • not always aware of legal provisions; • settingasideonlyinexceptional situations; • restricted interpretation.

  3. Legal basis • Code of CivilProcedure • Art. 1205-1211 • Much based on UNCITRAL Model Law 1985 • Iuscogens

  4. Grounds: art. 1206 • No arbitration agreement; • Party unable to present its case; • Dispute not contemplated by or beyond the scope of the arbitration agreement; • Procedurenot in accordance with the agreement or with a provision of law; • Award obtained by way of a crime; • Resiudicata.

  5. Grounds (2) AlsoiftheCourtfindsthat: • Disputenot capable of settlement by arbitration; • Public order clause. Whatabout: Violation of substantive law?

  6. Otherissues • All awards; • Applicationdeadline: 3 months; • Enforcement of the award may be suspended; • Setting aside does not cause arbitration clause invalid.

  7. Currentdebate: too long procedure • 2 instances + SupremeCourt • Time of proceedings: • Minimum: 6 months • Maximum: 8 years and 6 months • Average: 3 years and 6 months

  8. Ideas? • Lower number of instances: • Whatisthe legal nature of application? • Possible problem: art. 176 of PolishConstitution? • Specializedcourt? • Proceedingbasedsolely on documents

  9. Real problem • Everythingdepends on theparties: • Choice of arbitration • Choice of theCourt • Choice of lawyers • Choiceof arbitrators • Decisionto iniciatesettingasideproceedings

  10. Any questions?Thankyou! Agnieszka Różalska-Kucal arozalska@pkpplewiatan.pl

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