polish

legal acts

id: 10218

id: 10218

Public Procurement Law
of 11 September 2019

(Journal of Laws Dz.U. 2021, item 1129, as amended)

Section I. General Provisions

Chapter 1. Scope of Regulation

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Division 2. Exclusions of the Application of the Provisions of the Act

Art. 11. 1. The provisions of this Act shall not apply to contracts or contests the subject of which are:

1) arbitration or conciliation services;

2) legal services:

a) of litigation representation by an advocate, an attorney-at-law or a foreign lawyer within the meaning of the Act of 5 July 2002 on provision of legal assistance by foreign lawyers in the Republic of Poland (Journal of Laws, Dz. U., 2020 item 823), in arbitration or conciliation proceedings or before courts, tribunals or other public authorities of a Member State of the European Union, third countries or before international courts, tribunals, arbitration or conciliation instances;

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Section X. Out-of-court disputes resolution

Art. 591. 1. In a case concerning property in which making a settlement is allowed, each of the parties to an agreement, in the event of a dispute arising out of a contract, may file a motion for mediation or the other amicable dispute resolution with the Court of Arbitration at the General Prosecutor's Office of the Republic of Poland, the chosen mediator or a person handling other amicable dispute resolution. 

2. A agreement or a framework agreement may include provisions on mediation or the other amicable dispute resolution. An agreement for mediation or other amicable dispute resolution may be concluded also by expressing consent by a party to mediation or other amicable dispute resolution, if the other party has filed a motion referred to in paragraph 1.

Art. 592. Making a settlement shall not result in violation of provisions of Section VII, Chapter 3.

Art. 593. 1. A statement of claim or a statement of defence of the procuring party shall include the information on whether the parties have attempted to mediate or resolve the dispute in another amicable manner and where no such attempt has been made – such information shall contain clarification of the reasons for not making them.

2. If a statement of claim or a statement of defence of the procuring party does not include the information referred to in paragraph 1, if the estimated value of a contract has been determined to be equal or greater than the PLN equivalent of EUR 10,000,000 for supplies and services and EUR 20,000,000 for construction works and the value of the object of the dispute exceeds PLN 100,000, the court shall refer the parties to mediation or other amicable dispute resolution to the Arbitration Court at the General Prosecutor's Office of the Republic of Poland, unless the parties have designated a mediator or a person handling other amicable dispute resolution.

3. In the event of a refusal to conduct mediation or other amicable dispute resolution by the Arbitration Court at the General Prosecutor's Office of the Republic of Poland, the court shall refer the parties to mediation or other amicable dispute resolution:

1) to a mediator or a person handling other amicable dispute resolution, according to the parties’ choice, or

2) if the parties have failed to choose the mediator or the person handling other amicable dispute resolution, the court shall appoint, respectively:

a) a mediator pursuant to Art. 1839 of the Polish Civil Procedure Code of 17 November 1964, or

b) by an order, a person with adequate knowledge and skills in the field of conducting other amicable dispute resolution in civil cases and public procurement.

Art. 594. 1. The Arbitration Court at the General Prosecutor's Office of the Republic of Poland shall conduct mediation or other amicable dispute resolution on the basis of provisions of the Act on the General Prosecutor's Office of the Republic of Poland of 15 December 2016 (Journal of Laws, Dz.U. 2020 items 762 and 2320).

2. In matters not covered by this section, the provisions of part one of book one, title VI, section II, chapter 1, division 1 of the Polish Civil Procedure Code of 17 November 1964 shall apply accordingly to mediation or other amicable dispute resolution.

3. Art. 54a of the Act on public finance of 27 August 2009 shall apply.

Ar. 595. A mediator and a person handling other amicable dispute resolution shall not act as attorneys before a court in proceedings concerning a dispute covered by a mediation or other amicable dispute resolution as well as shall not otherwise participate in such court proceedings.

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