Monika Hartung Legal Adviser, Partner, Warsaw

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

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

3. Polish Arbitration Regulations – Main Sources • Part V of the Polish Civil Procedure Code (PCPC): Articles 1154 - 1217 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.

4. 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

5. Arbitrability

6. 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

7. 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

8. 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

9. Competence - competence

10. Thanks for your attention Monika Hartung Aleje Ujazdowskie 10,  00-478 Warsaw, Poland tel.: + 48 22 437 82 00, + 48 22 537 82 00 e-mail: monika.hartung@wardynski.com.pl PrzemkoKrzywosz Marconich11/5, 02-954 Warsaw, Poland www.ppk@ppk.com.pl Phone: +48-22-6424565; Fax: +48-22-8428514 E-mail: p.krzywosz@ppk.com.pl