Warsaw, 16 June 2011 Agnieszka Różalska-Kucal

Polish Supreme Court Judgment, 1935:  private method of dispute resolution;  not always aware of legal provisions;  setting aside only in exceptional situations;  restricted interpretation.

 Code of Civil Procedure  Art  Much based on UNCITRAL Model Law 1985  Ius cogens

 No arbitration agreement;  Party unable to present its case;  Dispute not contemplated by or beyond the scope of the arbitration agreement;  Procedure not in accordance with the agreement or with a provision of law;  Award obtained by way of a crime;  Res iudicata.

Also if the Court finds that:  Dispute not capable of settlement by arbitration;  Public order clause. What about: Violation of substantive law?

 All awards;  Application deadline: 3 months;  Enforcement of the award may be suspended;  Setting aside does not cause arbitration clause invalid.

 2 instances + Supreme Court  Time of proceedings: Minimum: 6 months Maximum: 8 years and 6 months Average: 3 years and 6 months

 Lower number of instances: What is the legal nature of application? Possible problem: art. 176 of Polish Constitution? Specialized court?  Proceeding based solely on documents

 Everything depends on the parties: Choice of arbitration Choice of the Court Choice of lawyers Choice of arbitrators Decision to iniciate setting aside proceedings

Agnieszka Różalska-Kucal