System of Commercial Law: Commercial Arbitration


A new edition of the 8th volume of System of Commercial Law, Commercial Arbitration, was published in September 2015 (in Polish) under the editorial direction of Prof. Andrzej Szumański.

It is the most comprehensive treatise in Poland on arbitration issues, reflecting recent changes in law and the latest case law and legal literature.

The new edition discusses changes introduced by the Act of 10 September 2015 Amending Certain Acts to Encourage Amicable Methods of Dispute Resolution, such as the “flattening” of the model for post-arbitration proceedings, assigning consideration of applications to set aside arbitration awards and applications for recognition or enforcement of awards to the courts of appeal as courts of a single instance, and reducing the period for filing an application to set aside an award from three months to two months (Chapter XII, Maciej Łaszczuk and Justyna Szpara).

The treatise also presents the new UNCITRAL arbitration rules, the rules of leading Polish and foreign arbitration courts, and the latest developments in “soft law.” The publication discusses changes pursuant to the Restructuring Law of 15 May 2015, which governs the effect that bankruptcy has on arbitration proceedings and on the arbitration agreement, seeking to loosen the restrictive treatment of arbitration in the case of bankruptcy and bring it into line with the treatment of court proceedings in the case of bankruptcy (Chapter VII, Maciej Tomaszewski).

In the section devoted to investment arbitration (Chapter XVIII, Mirosław H. Koziński) the author draws attention to the threat to bilateral investment treaties in the context of European Union law as well as the Transatlantic Trade and Investment Partnership agreement being negotiated between the European Union and the United States. The new edition also supplements the discussion of the impact of regional international agreements on investment arbitration, and includes comments on the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.

The main editor of the volume is Prof. Andrzej Szumański, and the authors of individual chapters are Dr. Maria Hauser-Morel, legal adviser Andrzej Kąkolecki, Prof. Mirosław H. Koziński, advocate Maciej Łaszczuk, advocate Piotr Nowaczyk, advocate Sylwester Pieckowski, advocate Paweł Pietkiewicz, Prof. Jerzy Poczobut, Prof. Paweł Podrecki, Dr. Marek Porzycki, advocate Justyna Szpara, Prof. Andrzej Szumański, Dr. Maciej Tomaszewski, Prof. Andrzej Wach, Dr. Andrzej W. Wiśniewski, Prof. Tadeusz Wiśniewski, and Dr. Gabriel Wujek.