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A proposed Act Amending the Civil Code, the Civil Procedure Code and the Bankruptcy and Reorganization Law (draft dated 16 October 2009) provides for changes in the regulations concerning appellate review in proceedings for recognition or enforcement of arbitration awards and settlements concluded before arbitration courts.

Under the bill:

-        A new sentence would be added to Civil Procedure Code Art. 1214 §2 providing for the possibility to file an interlocutory appeal from an order issuing an enforcement clause for an arbitration award or a settlement concluded before an arbitration court.

-        A new §3 would be added to Civil Procedure Code Art. 1215, under which a cassation appeal would lie from an order by the court of second instance on recognition or enforcement of an arbitration award issued abroad or a settlement concluded before an arbitration court abroad, and it would also be permissible to seek renewal of a proceeding that was concluded in a final order on recognition or enforcement, or seek to set aside a final order in this regard that was issued unlawfully.

The first reading of the bill was held at the 56th session of the Sejm, on 17 December 2009.

The bill is available at the website of the Polish Ministry of Justice here.

The justification for the bill and an assessment of the anticipated effects of the bill if it is enacted are available at the website of the Ministry of Justice here.

 

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