CHAPTER 29 - Poland - Interim Measures in International Arbitration
Author(s):
Piotr Nowaczyk
Page Count:
14 pages
Media Description:
1 PDF Download
Published:
May, 2014
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Originally from: Interim Measures in International Arbitration
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INTRODUCTION
Poland is developing into a highly arbitration friendly forum.
Proceedings to set aside an award are admitted only on very rare
occasions. To provide security for claims that are subject to arbitration,
Polish common courts prior to or during the course of arbitral
proceedings can and do grant interim measures. There are various ways
of securing claims. Monetary claims can be secured in a limited number
of ways, while there is a much broader range of possibilities as regards
non-monetary claims. The Polish Civil Procedure Code provides for a 7-
day deadline for a court to grant or reject an interim measure, thereby
contributing to the efficiency of proceedings in terms of execution.
RELIEF PROVIDED BY COURTS
1. (a) Are courts authorized to issue orders of attachment,
injunctions or other provisional orders with respect to
arbitration proceedings?
Yes, under article 1166 § 1 of the Civil Procedure Code (hereinafter
as “CPC”), in conjunction with article 730 CPC. Article 1166 § 1 CPC
provides that:
“Submission of a dispute for resolution by arbitration does not
exclude the possibility of granting interim measures of
protection by the court in respect of claims pursued before the
arbitral tribunal.”
(b) If so, please describe the nature of any such provisional
relief that is available.
The type of security to be granted depends on the type of claim.
Polish law provides for various types of interim measure in respect of (1)
monetary claims and (2) non-monetary claims.