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According to the Act of 15 December 2016 on the General Counsel to the Republic of Poland (“the Act”) and public statements by the representatives of the General Counsel to the Republic of Poland (“GCRP”), the Arbitration Court at the General Counsel to the Republic of Poland (“the Arbitration Court”) will start to operate on 1 July 2017.

The Arbitration Court will decide disputes between state entities other than the State Treasury and entities whose shares are owned by State Treasury or state entities. However, the Act does not oblige these entities to resolve their disputes before the Arbitration Court. The Court will also offer mediation and other alternative disputes resolution services.

Article 26(2) of the Act states that “In case of a dispute between state entities other than the State Treasury and entities whose shares are owned by State Treasury or state entities, each of them can file a request to the Arbitration Court for: 1) deciding a dispute; 2) mediation or other alternative dispute resolution”, and Article 26(3) sets forth that “The proceedings are held on the basis of the other party’s consent or the arbitration agreement”. It seems that, pursuant to the provisions of Part fifth of the Code of Civil Procedure, the jurisdiction of the Arbitration Court will depend on the existence of a valid arbitration agreement made in writing.

The arbitration proceeding will be governed by the rules which are to be set forth by the President of GCPR. Arbitration fees will be calculated depending on the amount in dispute but they cannot exceed 100,000 PLN. Detailed rules on calculating arbitration fees will be specified in the regulation issued by the Prime Minister.

Prepared by: Aleksandra Orzeł, associate, Łaszczuk & Partners

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