Law Firm Doradztwo Skarbiec represents foreign companies seeking to invest and participate in Polish markets.

We can offer you practical, prudent advice on just about any legal problem you may face dealing with Polish business entities or authorities.

We assist foreign companies in complying with state and local laws, and treaties to which Poland is a party, including Polish tax law, commercial law, labour law and administrative law.

Should you have any inquiries or further questions, please contact Doradztwo Skarbiec.Biz directly:

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Alternative dispute resolution (ADR), arbitration and mediation under Polish law

[Warsaw, 06.06.2006] There is a general opinion that court litigation in Poland is long-lasting and often ineffective. Therefore, one should note alternative techniques of dispute resolution, such as mediation, mediation procedure and arbitration:

- [mediation] pursuant to Article 1831 § 2 of the Polish Code of Civil Procedure, mediation is carried out on the basis of an agreement on mediation or a decision of the court referring the parties for mediation. The agreement may also be entered into through the other party's consent to mediation. Mediation is carried out prior to instituting court litigation and, upon consent of the parties, also during court litigation;

- [settlement] civil law cases whose nature permits so may be regulated under a settlement entered into prior to filing a statement of claim. The court will classify a settlement as inadmissible if its content is inconsistent with the principles of social co-existence or is aimed at circumventing the law. An application for calling upon the parties to enter into a settlement, irrespective of the dispute subject, may be filed with a district court generally competent for the opponent. The application should briefly describe the case;

- [arbitration] the third and most frequently applied method of dispute resolution is arbitration conducted on the basis of an arbitration clause. Unless any special regulation provides otherwise, the parties may submit any financial or non-financial disputes (which may be the subject of a court settlement) for settlement in arbitration, except for alimony cases (Article 1157 of the Code of Civil Procedure). The submission of a dispute for arbitration requires an agreement of the parties specifying the subject of the dispute or legal relationship triggering the dispute (Article 1161 § 1 of the Code of Civil Procedure).

A precise determination of the possibility to apply alternative dispute resolution methods in a specific case requires careful analysis of the facts in light of Polish law.

Should you have any further questions regarding Polish law or registration of companies in Poland, do note hesitate to contact "Skarbiec" Consulting Services (e-mail / resume of the founder).

DISCLAIMER: The material you read on this site has been prepared and/or edited by Robert Nogacki for information purposes only. This information should not be construed as legal advice and it is not necessarily current or complete. Receipt of this information does not create an attorney-client relationship. Should you have any further questions, do not hesitate to contact Mr Nogacki: redaktor.naczelny@skarbiec.biz

International Resources on ADR, Mediation and Arbitration

Legal Information Institute: Alternative Dispute Resolution (ADR): An Overview
"Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes arbitration, mediation, early neutral evaluation, and conciliation. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs."

Hieros Gamos: Alternate Dispute Resolution
"Alternative dispute resolution has greatly expanded over the last several years to include many areas in addition to the traditional commercial dispute; mediation has become an important first step in the process. All current areas of ADR are covered in this site. Those who are unable to resolve their disputes through ADR may wish to order our comprehensive guide to civil litigation."

Office of Personnel Management: Alternative Dispute Resolution. A Resource Guide
"Alternative dispute resolution (ADR) consists of a variety of approaches to early intervention and dispute resolution. Many of these approaches include the use of a neutral individual such as a mediator who can assist disputing parties in resolving their disagreements. ADR increases the parties' opportunities to resolve disputes prior to or during the use of formal administrative procedures and litigation (which can be very costly and time-consuming). "

The UNCITRAL Model Law on International Commercial Arbitration
"The UNCITRAL Model Law on International Commercial Arbitration (the 'MAL') consists of thirty-six articles divided into eight chapters. The heading of each article is given in the tables below. Those articles, paragraphs of articles, or sub-paragraphs that have case law specifically associated with them are shown underlined. 'Clicking' on the link will take you to a list of cases, and from there to individual abstracts. "

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