Poland

Arbitration is becoming increasingly important in Poland, mainly driven by the country’s dynamic economic growth and, consequently, the presence of international investors.

1.1 Advantages

The legal framework for arbitration reflects the best international practices and is aligned with the UNCITRAL Model Law. This results in a very high level of expertise in arbitration proceedings, with more than 90% of the arbitral awards surviving post-award state court scrutiny.

The two leading arbitration institutions in Poland, the Lewiatan Court of Arbitration and the Court of Arbitration at the Polish Chamber of Commerce (PCC), adopted new arbitration rules in 2025, tailored to the evolving needs of market participants and consistent with international standards.

According to the data gathered by the Court of Arbitration at the PCC, the number of proceedings in 2024 increased by nearly 20% compared to previous years. The average duration of proceedings was approximately 12 months, which, given the often high complexity of cases, represents an excellent result and a decisive factor for many businesses to opt for arbitration.

Additionally, arbitration fees in Poland are significantly lower than those charged by foreign arbitration institutions, making them a cost-competitive option. 

1.2 Disadvantages and common pitfalls

The development of arbitration in Poland has progressed, although its growth has been somewhat slower than anticipated. This is partly due to two factors. First, arbitration was not promoted before 1989. Second, although the market economy was introduced in the 1990s, arbitration had only been reformed in the 21st century, thus delaying the popularisation of this method of dispute resolution. Therefore, arbitration is only at the beginning of its road in Poland. However, as mentioned above (see Section 1.1, above), the trend appears to be shifting in a more positive direction.

It is noteworthy that Poland did not accede to the 1965 Washington ICSID Convention, making it more challenging to pursue investor–state arbitrations against Poland.

1.3 Distinctive features

A characteristic feature of arbitration in Poland is the statistical prevalence of local disputes over international ones. The majority of cases submitted to arbitration involve domestic parties and issues rooted in the Polish legal and business environment, while international arbitration plays a comparatively minor role. One reason for that is that some international arbitration cases are heard outside Poland before major arbitral institutions in London, Paris, Vienna and New York.

2.1 Legal framework

Polish internal arbitration law is contained in Book V of the Polish Code of Civil Procedure (CCP). Poland has also signed the following legal acts concerning international arbitration:

• the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”);
• the European Convention on International Commercial Arbitration (“European Convention”); and
• Several investment treaties with other states.

2.2 What qualifies under domestic law as “international arbitration”? Is there a specific statute?

Polish law does not provide a legal definition of the term “international arbitration”. There is also no separate law dedicated to international arbitration. In practice, the meaning of this term is broad; international arbitration occurs when the dispute being resolved involves entities from different countries or when the arbitration is seated abroad (in this latter case, the law provides for specific rules, such as recognition and enforcement).

2.3 Ratification of the New York Convention

The New York Convention was both signed and ratified by Poland, with a reservation made under Article I (3) of the Convention.

2.4 Ratification of the ICSID Convention

Poland has neither signed nor ratified the ICSID Convention.

2.5 Other treaties relating to arbitration

See Section 2.1.

2.6 Choice of forum for intra-EU dispute settlement

Following the development of EU courts’ case law regarding intra-EU disputes, Poland has successfully motioned for the pending investor–state arbitral cases to be dismissed for lack of jurisdiction, achieving several significant successes. The intra-EU dispute settlement mechanism is currently in a state of flux.

2.7 Is the municipal law governing arbitration based on UNCITRAL Model Law?

Yes, the provisions of the CCP regarding arbitration are based on the UNCITRAL Model Law.

2.8 Recent amendments or reforms in arbitration laws

The most recent significant amendment to the provisions of the CCP concerning arbitration took place in 2023. Among the most significant changes was the introduction of a new mechanism, the submission of pending court proceedings to arbitration (for details of the conversion, see Section 18, below).

As noted above, on 1 January 2025, new rules entered into force at the Court of Arbitration at the Confederation Lewiatan (hereinafter, the “Lewiatan Court”) and at the Court of Arbitration at the PCC.

In Poland, the most popular institutions are the Lewiatan Court and the Court of Arbitration at the PCC. In addition, there are smaller, regional arbitral tribunals operating within local chambers of commerce.

3.1 Presence of local arbitration institutions

The leading arbitration institutions include the Court of Arbitration at the PCC (new rules adopted in 2025), the Lewiatan Court (new regulations adopted in 2025), the Arbitration Court at the Office of the Attorney General of the Republic of Poland, and the Construction Arbitration Court. There are also smaller institutions, for instance, the Court of Arbitration at the Krakow Chamber of Commerce and Industry and the Court of Arbitration at the Polish Bank Association.

3.2 Does the London Court of International Arbitration (LCIA) have a local office?

No, the LCIA does not have a local office in Poland.

3.3 Does the Permanent Court of Arbitration (PCA) have a local office?

No, the PCA does not have a local office in Poland.

3.4 Does the ICC International Court of Arbitration have a local office?

No, the ICC International Court of Arbitration does not have a local office in Poland.

3.5 Does the International Centre for Dispute Resolution (ICDR) have a local office?

No, the ICDR does not have a local office in Poland.

3.6 Agreement entered into with local offices of international arbitration institutions

Yes, for example, in 2023, the Court of Arbitration at the PCC agreed on cooperation with the SCC Arbitration Institute.

In Poland, the domestic law outlines clear rules regarding the content, form, and conclusion of an arbitration agreement. Polish law requires that the arbitration agreement: (1) satisfies substantive conditions; (2) fulfils the requirements of form, and (3) complies with specific other rules. The New York Convention also applies, but the discussion below will focus on domestic law.

4.1  Requirements as to content and form

Substantive requirements

The arbitration agreement must specify the matter at issue or the legal relationship from which a dispute arose or could arise, that is, the scope of the dispute (Article 1161, section 1, CCP). This is to be combined with the other traditional content requirement, namely, the intent (or will) to arbitrate. As with every agreement, the arbitration agreement should specify the parties thereto.

Formal requirements

• The arbitration agreement should be made in writing (Article 1162, section 1, CCP).
• The above requirement is also met if the clause is included in exchanged letters or statements made by means of remote communication, which enable their content to be recorded (Article 1162, section 2, CCP).
• Accordingly, the requirement is also satisfied if parties, in a contract between them, refer to a document containing a clause with a decision to resolve their dispute in arbitration, if such a contract is made in writing and the reference incorporates that clause into the contract (Article 1162, section 2, CCP).

Other rules

• The arbitration agreement cannot violate the principle of equality, otherwise it can be deemed ineffective (Article 1161, section 2, CCP).
• The arbitration agreement may lose its legal effect in part or entirety in some instances (Article 1168, sections 1–2, Article 1195, section 4, CCP).
• The arbitration agreement incorporated into the statute (or articles of association) is ineffective if it does not provide for an obligation to announce the initiation of arbitration proceedings in the manner required for making company announcements (Article 1163, section 2, CCP); this allows other interested parties to join the proceedings.

4.2 Validity of arbitration agreements

The basic requirements of an arbitration agreement are that, upon interpreting its wording, one can identify the parties, the designated arbitral tribunal, and the subject matter of the dispute or the legal relationship from which the dispute has arisen or may arise.

Importantly, an arbitral agreement may be considered valid and effective even if the rest of the contract in which it is contained is defective (Article 1180, section 1, CCP).

4.3 Special formalities

• Arbitration clauses in articles of association must include an obligation to announce the initiation of arbitral proceedings on shareholders’ resolutions in a manner required for company announcements within one month from the date of their initiation at the latest (Article 1163, section 2, CCP);
• Arbitration clauses involving consumer and labour disputes must be made in writing and entered into only after the dispute has arisen (Articles 1164 and 11641, section 1, CCP);
• The agreement concluded with a consumer must contain additional disclaimers as to the effect of the arbitration clause (Article 11641, section 2, CCP). It is not possible to conclude an arbitration by including a clause in the letters exchanged between the parties or statements made by means of remote communication, which enable their content to be recorded.

4.4 Governing law

The New York Convention and the European Convention are the principal instruments in determining the law applicable to the arbitration agreement. Under the New York Convention, the parties are free to choose the applicable law that prevails; otherwise, the law of the seat applies.

Furthermore, Polish private international law applies, distinguishing between the law applicable to the form and to the substance of the agreement.

Form

The law of the state where the arbitration takes place governs the form of the arbitration agreement. It is enough to maintain the form prescribed by the law of the state to which the arbitration agreement is subject (Article 40 of the Polish Private International Law (PIL)).

Substance

The substance of the arbitration agreement is governed by the law chosen by the parties, or, in the lack thereof, the law of the state in which the place of arbitration agreed to by the parties is situated, or if no such place has been determined, the law applicable to the legal relationship in a dispute.

Importantly, it is sufficient that the contract is effective under the law of the state in which the proceedings are pending or the tribunal has issued its award (Article 39, section 1–2, PIL).

Polish law adopts a broad approach, allowing most disputes with an economic dimension to be arbitrated, while excluding matters such as divorce or adoption. Such a framework reflects the trend towards expanding party autonomy in the issues of arbitrability.

5.1 Applicable restrictions

Unless provided otherwise, the parties may bring the following disputes to be resolved in arbitration:

• disputes involving property rights, except maintenance cases;
• disputes involving non-property rights, if they can be resolved by a court settlement (Article 1157, CCP).

The key distinction is whether the right is directly linked to the party’s economic interest. However, in practice, almost all commercial cases can be heard in arbitration.

6.1 Stay of proceedings

The CCP provides for regulations that enable effective enforcement of arbitration clauses. If a case concerning a dispute covered by an arbitration clause is brought before a state court, the court shall dismiss the claim or request to initiate non-litigious proceedings if the respondent or a participant in the non-litigious proceedings raises the allegation of an arbitration clause before entering into a dispute on the merits of the case.

Consequently, the outcome of invoking the arbitration agreement is not a stay of the proceedings, but its termination.

6.2 Anti-suit injunctions

Anti-suit injunctions are not recognised in Polish law, and it is not likely that Polish courts would issue them.

In the context of arbitration, however, it is worth noting that arbitration remains outside the scope of application of the Brussels I Bis Regulation. Based on the Court of Justice of the European Union case law, the recognition of an anti-suit injunction issued by an arbitration court also depends on the national law of a particular country and any binding international agreements, such as the New York Convention.

7.1 Restrictions on the parties’ freedom to choose arbitrators

Polish law grants parties broad autonomy in the selection of arbitrators. Any natural person with full capacity to perform legal acts, regardless of nationality, may serve as an arbitrator, except active judges (Article 1170, section 1–2, CCP). Certain Polish institutions provide lists of recommended arbitrators and require that the sole or presiding arbitrator be chosen from such a list.

Parties are free to agree on the method for selecting arbitrators (Article 1171, section 1, CCP), providing the principle of equality is respected (Article 1169, section 3, CCP). Where the agreed method fails, a default procedure applies. Parties can also specify the procedure in accordance with applicable arbitration rules or Polish arbitration law (Article 1171, section 2, CCP). According to the rules of leading Polish institutions, the institution itself may appoint an arbitrator if the parties or co-arbitrators fail to make the appointment.

In multi-party arbitrations, the default rule is that the parties acting on the same side shall jointly appoint the arbitrator, unless the arbitration agreement stipulates otherwise (Article 1169, section 2¹, CCP).

7.2 Requirement of arbitrator independence and impartiality

Arbitrators should be independent and impartial. They are required to submit a statement of independence and impartiality to the parties and disclose any subsequent conflicts in each case (Article 1174, section 1, CCP). Polish law does not specify any particular requirements in this regard.

7.3 Mandatory rules applicable to the appointment process

Article 1169, section 3 of the CCP provides that contractual provisions granting one party more powers in appointing an arbitral tribunal are ineffective.

7.4 Appointment mechanism in the absence of party agreement or applicable institutional rules

If no agreement exists, any party can request a state court to appoint an arbitrator that should have been appointed by the other party, by both parties, by the other arbitrators, or by a third party (Article 1172, CCP). Beyond this supportive role, Polish courts do not otherwise interfere with the selection of arbitrators.

7.5 Mandatory rules applicable to the replacement process

There are no mandatory rules applicable to the replacement process. If an arbitrator is to be replaced, in principle, the same rules apply to the replacement as those applicable to the appointment process. However, if an arbitrator appointed by one of the parties resigns or is dismissed twice, the other party may request the court to appoint a substitute arbitrator on behalf of the opposing party. Such a request must be filed within one week of the party becoming aware of the resignation or dismissal (Article 1178, CCP). The purpose of the regulation is to prevent undue delays in the proceedings.

7.6 Mandatory disclosure obligations

Arbitrators are obliged to submit a statement of independence and impartiality to the parties and disclose any subsequent conflicts in each case (Article 1174, section 1, CCP). Polish law, however, does not establish any particular requirements in this respect.

7.7 Grounds for challenge

Polish law recognises the basic standard for challenging arbitrators, namely, the existence of justifiable doubts as to their impartiality and independence (Article 1174, section 2, CCP). A challenge may also be brought if the arbitrator fails to meet the parties’ agreed-upon requirements.

Parties are free to agree on the procedure for challenging an arbitrator (Article 1176, section 1, CCP). If the arbitrator is not removed within one month from the challenge, the requesting party may submit a motion to challenge the arbitrator with the state court within a further two weeks (Article 1176, section 2, CCP).

In the absence of a party’s agreement to the contrary, the party challenging the arbitrator must file its request within two weeks, stating the grounds for the challenge (Article 1176, section 3, CCP). If the arbitrator does not resign or if the parties do not jointly remove them within the following two weeks, the party challenging has another two weeks to file the challenge with the state court (Article 1176, section 4, CCP).

7.8 Mandatory rules governing the challenge of arbitrators

The CCP provides that, in some instances, a state court may decide to exclude an arbitrator. This right of the parties cannot be limited (see the specific grounds for challenge and time limits in section 7.7, above).

7.9 Removal

Pursuant to Article 1177, section 1 of the CCP, the parties may at any time file a joint written statement of removal of each of the arbitrators.

The court may also remove an arbitrator upon the petition of either party if it is evident that the arbitrator will not perform their duties within due time or if they delay the performance of their duties without due cause (Article 1177, section 2, CCP).

Such an application is decided by the state court that would have jurisdiction over the dispute had the parties not entered into an arbitration agreement (Article 1158, section 1, CCP).

7.10 Liability and immunity of arbitrators

The Polish legal system does not provide for rules on arbitrator immunity beyond the scope described above. General regulations on liability apply. If arbitrators are lawyers, the rules of professional conduct also apply.

The rules of arbitration courts — both the Lewiatan Court and the Court of Arbitration at the PCC — provide that arbitrators shall not be liable for any acts or omissions related to arbitration proceedings, unless the damage was caused intentionally.

8.1 Interim measures

8.1.1 Overview of interim measures

The parties may choose whether to seek interim measures from the tribunal or from state courts. If they motion the tribunal, its order can be enforced or recognised under the provisions applicable to arbitral awards (Article 1181, section 3, CCP).

Parties can also request a state court to secure the claim in aid of arbitration (Article 1166, sections 1–2, CCP).

8.1.2 Relevance of the availability of the emergency arbitrator mechanism

Polish law does not explicitly regulate emergency arbitration. Rules of arbitral institutions may and do provide for such regulations.

8.2 Taking of evidence

The tribunal may seek assistance from a state court in evidentiary proceedings or in performing actions it is unable to carry out itself (Article 1192, CCP). The court can also request anyone to present a document and impose fines on a third party to the proceedings.

8.3 Appointment or challenge of arbitrators

See Sections 7.7 and 7.8, above.

8.4 Other available assistance

If the arbitrator and the parties fail to agree on the amount of remuneration and reimbursable expenses, the arbitrator may request that the state court determine his/her remuneration in accordance with the amount of work involved and the value of the dispute, as well as the expenses to be reimbursed.

9.1 Domestic scope of sovereign immunity from jurisdiction

Polish law recognises a defence of sovereign immunity at the enforcement stage as a matter of public international law.

9.2 Immunity from execution

Compulsory enforcement regarding the Polish state is limited to the bank accounts of the entity whose activities the case pertains to. It is not possible to secure claims against the Polish state.

Polish law does not impose a rigid procedure on arbitration. Instead, it outlines specific minimum procedural requirements.

Pursuant to Article 1183 of the CCP, the parties should be treated equally — each party has the right to be heard and to present its claims and supporting evidence.

The parties are free to determine the terms, conditions, and procedure of arbitration (Article 1184, section 1). Furthermore, under Article 1184, section 2 of the CCP, unless agreed otherwise, the tribunal may, subject to the provisions of the CCP, conduct the proceedings in such manner as it considers appropriate. The tribunal is not bound by the procedural rules governing state court proceedings.

Article 1189 of the CCP sets out general rules on the hearings and the exchange of pleadings:

• Unless agreed otherwise, the tribunal decides whether to hold a hearing to allow the parties to present their arguments and evidence, or to conduct proceedings solely based on documents and other written submissions. However, if at least one party requests a hearing, the tribunal shall be obliged to hold one, unless the parties have agreed that the proceedings shall be conducted without hearings. The parties must be duly notified of any hearings or sessions convened for the purpose of taking evidence (Article 1189, sections 1–2, CCP).
• All pleadings submitted by one party must be delivered to the other party. Both parties must also be served with expert opinions and other written evidence that the tribunal may consider in deciding the case (Article 1189, section 3, CCP).

Article 1191 of the CCP lays down the general rules on the taking of evidence:

• The tribunal may take evidence by examining witnesses, reviewing documents, and conducting inspections or by any other means it considers necessary. However, the tribunal may not apply coercive measures (Article 1191, section 1, CCP).
• Unless agreed otherwise, the tribunal may also:
  • appoint one or more expert witnesses to consult them; and
  • order the parties to provide an expert witness with relevant information or grant access to documents or other items (Article 1191, section 2, CCP).
• Unless agreed otherwise, an expert witness who has submitted a written or oral opinion shall attend a hearing if requested by a party or if the tribunal considers it necessary. At the hearing, the parties may question the expert and request explanations (Article 1191, section 3, CCP).

Polish law does not expressly regulate the confidentiality of arbitration proceedings, although some argue that confidentiality is inherent to the arbitration. Parties can, however, address the issue and agree, either explicitly or through the adoption of arbitral rules, that their arbitration is confidential.

Court proceedings relating to arbitration are not confidential, and hearings are generally open to the public. The Ministry of Justice also maintains a database of anonymised state court judgments and decisions.

Public companies may also be required to disclose information about arbitral proceedings under corporate disclosure rules.

Arbitral awards under Polish law are subject to specific minimum statutory requirements but remain largely governed by party autonomy and arbitral practice.

12.1 Requirements as to content and form

The arbitral award must meet the following requirements (Article 1195, sections 2–3, Article 1197, sections 1–3, CCP):

• it must be made in writing and signed (prevailing opinion — in wet ink);
• dissenting opinions must be allowed and may be accompanied by reasoning;
• it should resolve all claims raised in the proceedings;
• it must contain reasoning;
• it should indicate the arbitration agreement, identify the parties and arbitrators, and specify the date and place of its issuance.

12.2 Time limit

Polish law does not impose a time limit for rendering an award. By contrast, institutional arbitral rules oblige arbitrators to establish timeframes, which may be extended under certain conditions.

12.3 Remedies

There are no statutory limits on the types of remedies that an arbitral tribunal may award under Polish law. However, case law clarified that specific remedies might be contrary to public policy, as was the case, for instance, with punitive damages awarded in a United States judgment. Therefore, parties seeking a specific form of relief must consider enforcement issues; certain reliefs available in common law jurisdictions may be inapplicable under Polish law.

13.1 Interpretation and correction of awards

According to Article 1200, section 1 of the CCP, within two weeks from the day of the receipt of an award (unless the parties have agreed otherwise), each party — after notifying the other — may request:

• the tribunal to correct any inaccuracies, clerical errors, miscalculations, or any other evident mistakes in a text;
• the tribunal to resolve any doubts concerning the content of an award.

If the tribunal finds the request well-founded, it corrects or interprets an award within two weeks of receiving the request.

Under Article 1201 of the CCP, the tribunal may also correct ex officio any clerical errors, miscalculations, or any other evident mistakes, within one month from the issuance of the award, and shall notify the parties of any corrections made.

The time limit to file a request to correct or interpret an award can be extended if the tribunal considers this necessary (Article 1203, CCP).

13.2 Challenge of an award

An arbitral award may be challenged only on the grounds expressly provided by law (Article 1206, section 1, CCP), namely, the following:

• no arbitration agreement existed, or the agreement is invalid, ineffective, or has lost its effectiveness;
• the party was not adequately notified of the appointment of an arbitrator or the arbitral proceedings, or was otherwise unable to present its case;
• the award addresses a dispute not covered by, or exceeding the scope of, the arbitration agreement;
• the rules on the composition of the tribunal or the fundamental rules of arbitral procedure were violated;
• the award was obtained by criminal act, or was issued based on a forged or falsified document;
• a final judgment has already been made in the same case between the same parties.

In the event of a challenge, the parties can invoke, or a Polish court may rely ex officio on, the following grounds (Article 1206, section 2, CCP):

• the dispute is not arbitrable under statutory law;
• the award is contrary to the fundamental principles of public policy;
• the award deprives a consumer of the protection granted to them by the binding provisions relevant to a specific legal relationship.

A party should file its recourse with the courts of appeal within two months from the service of the award. The court orders a hearing and renders its judgment. A party unsatisfied with the ruling can file a cassation complaint with the Supreme Court (Article 1208, sections 1–3, CCP).

13.3 Recognition and enforcement proceedings

The procedures and standards governing the enforcement of awards in Poland align with international best practices. The applicant must first submit a motion to the courts of appeal, attaching the original or a certified copy of both the award and the arbitration agreement, together with their translations into Polish if they were issued in a foreign language (Article 1213, sections 1–2, CCP).

For domestic awards, the court typically considers the motion in camera, and its decision may be appealed to a different bench of the court (Article 1214, sections 1–4, CCP). For foreign awards, proceedings generally involve a hearing, and the court’s decision may only be challenged by way of an extraordinary challenge — a cassation complaint to the Supreme Court (Article 1215, section 3, CCP).

Polish law specifies the circumstances under which the court will refuse enforcement or recognition, based on grounds largely similar to those specified in the New York Convention (Article 1214, section 3, CCP, Article 1215, section 2, CCP).

13.4 Cost of enforcement

Pursuant to Article 24 (1) (3) of the Act on Court Costs in Civil Cases, a fixed fee of PLN 300 (ca. EUR 70 as of October 2025) shall be collected for applications for the recognition of an arbitral award or a settlement concluded before an arbitral tribunal or the declaration of enforceability of such an award or settlement.

13.5 Enforcement of orders of emergency arbitrators

The CCP does not explicitly refer to an “emergency arbitrator”. However, there is a doctrinal view that Article 1181, in conjunction with Article 1214, sections 2 and 3, and Article 1215, CCP, per analogiam, may constitute grounds for Polish state courts to recognise and enforce emergency arbitrators’ decisions on interim measures.

14.1 Process for enforcing New York Convention awards

The New York Convention has direct application in the Polish legal order and is supplemented by provisions of the CCP, in particular Articles 1212–1217 of the CCP.

14.2 Grounds for resisting enforcement of New York Convention awards

In Poland, case law on this issue aligns with the worldwide accepted standards. Public policy is understood narrowly, making Poland an arbitration-friendly jurisdiction with over 90% of the awards surviving post-award scrutiny. A violation of “public policy” may occur, as the Supreme Court noted (decision of 18 January 2002, I CKN 722/99), where the effect of a foreign judgment is incompatible with the very concept of a specific legal institution in Poland, rather than merely with the specific provisions regulating the same institution in both countries.

14.3 Enforcing non-Convention awards

For arbitral awards rendered in jurisdictions that are not parties to the New York Convention, enforcement in Poland is still possible under the CCP. Articles 1212–1217 of the CCP provide the framework for recognition and enforcement in such cases, but without the benefit of the Convention’s simplified regime.

15.1 Applicable to counsel

With respect to party representation, the general ethical codes of conduct of legal professions (attorneys-at-law and legal counsel) apply.

15.2 Applicable to arbitrators

Polish arbitration law obliges arbitrators to be impartial and independent, without prescribing detailed regulations in this respect (Article 1174, section 1, CCP). This standard is frequently specified in institutional arbitral rules or clarified by the IBA Guidelines of Conflicts of Interest in International Arbitration.

16.1 Applicable regulatory requirements

Polish law neither prohibits nor promotes the use of third-party funding and does not provide specific regulation on the matter. This issue is left entirely to be clarified in arbitral practice.

16.2 Overview of the third-party funding market

The third-party funding market in Poland remains underdeveloped, with no official data or statistics available.

However, it is worth mentioning one precedent-setting case in which one of the parties was based in Poland: Stocznia Gdańska S.A. v. Latreefers Inc. This case ruled on the permissibility of third-party litigation financing agreements in England and Wales.

Also, in 2024, regulations governing third-party funding in court proceedings (Directive 2020/1828) came into force. These regulations were incorporated into the Act on Pursuing Claims in Group Proceedings, potentially paving the way for the emergence of a new practice in this field.

It is difficult to distinguish particular sectors of arbitration in Poland. However, arbitration is particularly popular in the construction, mergers and acquisitions, and international dispute sectors. The central administering institutions are those already mentioned above — Lewiatan Court and Court of Arbitration at the PCC.

17.1 Types of specialist arbitration

Although it is difficult to distinguish particular sectors of arbitration in Poland, according to the statistical data gathered by the Court of Arbitration at the PCC, the following industries were present in the cases registered in 2024:

• services (including financial services): 40%;
• sales, agency, commission, and commercial trade: 17.49%;
• construction works: 16.39%;
• lease and tenancy agreements: 15.3%;
• corporate law disputes: 4.92%; and
• intellectual property and new technologies: 1.09%.

17.2 Key legal principles

It is not possible to identify sector-specific legal principles in Poland, as arbitration practice is not divided into clearly delineated industry sectors.

17.3 Types of claim and defences typically brought in that area

Due to the absence of established specialist sectors in arbitration, it is not possible to identify typical claims or defences specific to any one area.

17.4 Issues and strategic considerations to take note of

No distinct sector-related issues or strategic considerations can be identified in the Polish arbitration landscape.

The two leading arbitration institutions in Poland — the Lewiatan Court of Arbitration and the Court of Arbitration at the PCC — adopted new arbitration rules in 2025, tailored to the evolving market needs and consistent with international standards.

In 2023, an amendment to the CCP introduced the institution of submitting state court litigation to arbitration. It enables parties to refer a dispute to arbitration even when the case is already pending before a state court. The decision rests solely with the parties and may be made until the state court has rendered a final judgment. This means that the parties may decide to refer the dispute to arbitration before either the first-instance court or even in the court of appeals (Article 1161¹, section 1, CCP).

Additionally, where the parties conclude an arbitration agreement, the state court — upon their joint request — will discontinue the proceedings (unless the arbitration clause and the circumstances of the case indicate that it would be contrary to the law or social norms, or would be aimed at circumventing the law, or the arbitration clause is invalid or ineffective).

Importantly, the limitation period for claims covered by the arbitration clause begins to run anew from the date on which the decision discontinuing the proceedings becomes final.

An additional incentive for using this mechanism is that, in the case of conversion, the claimant is entitled to a refund of three-quarters of the court fee.

Along with the conversion, the Polish legislator also introduced a new vehicle for estate planning (family foundation) — under the new law, disputes arising out of family foundations may also be resolved in arbitration.