This Country Answer reflects the state of the law as of 18 July 2008. Please refer to the explanations in the chapter entitled Disclaimer and Preliminary Note.

A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

Republic of Poland.

2. Date of entry into force of the New York Convention

The New York Convention entered into force in the Republic of Poland on 1 Jan. 1962 (after having been signed on 10 June 1958 and ratified on 3 Oct. 1961). The New York Convention was published on 16 Feb. 1962 in Dziennik Ustaw 1962 No. 9, item 41.

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity

The New York Convention was originally signed subject to a reservation regarding reciprocity. The Republic of Poland never ratified this reservation, and it is not considered to be binding in practice.

(b) commercial relationships

The New York Convention was originally signed subject to a reservation on commercial relationships. The Republic of Poland never ratified this reservation, and it is not considered to be binding in practice.

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

No.

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

(i) New York Convention; (ii) provisions of the Civil Procedure Code (CPC) Pt V Ch. VIII regarding recognition and enforcement of arbitral awards and consent awards (according to Art. 91 para. 2 of the Polish Constitution, the provisions of the CPC are applicable only if they do not contradict the provisions of the New York Convention); (iii) provisions of bilateral treaties to which the Republic of Poland is a party.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

There is no limitation period for the commencement of legal proceedings for recognition of foreign awards. However, there is a limitation period for granting enforcement.

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

The duration of the limitation period applicable to the enforcement of foreign awards is 10 years from the date of delivery of the award.

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

Material jurisdiction is vested in the district court (sad rejonowy)unless the value of the litigated claims exceeds the amount of PLN 75,000, or PLN 100,000 when the parties are business entities, in which case material jurisdiction is vested in the regional court (sad okregowy).

Territorial jurisdiction (of either a district court or a regional court) is determined depending on the place of residence or registered office of the debtor, or the place where the obligation is performed or the location of the real estate.

As there are no specific provisions in the CPC stipulating which court has jurisdiction over the recognition and enforcement of foreign arbitral awards, the provisions regarding recognition and enforcement of foreign judgments may apply analogously to recognition and enforcement of foreign arbitral awards. Under such approach, jurisdiction is vested in the court (either a district court or a regional court) that would have jurisdiction if the parties had not decided to submit their dispute to arbitration.

(Source: CPC, Arts. 17, 27 to 38, 1148 para. 1, 1151 para. 1, 1158 and 1215 para. 1.)

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

There are no such requirements.

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The decision is obtained through inter partes proceedings.

(Source: CPC, Art. 1215 .)

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

The decision of the court granting or denying recognition and enforcement is subject to recourse.

(Source: CPC, Art. 1214 para. 1 and Art. 795 para. 1 combined with Art. 1214 para. 2.)

(b) How many levels of appeal or recourse are available against this decision?

Recourse against decisions on the recognition or enforcement of foreign awards may be made within one week of receiving the first instance decision. It is made to the court of appeal (sad apelacyjny) through the first instance court. However, the first instance court may reverse its own decision if the complaint is obviously justified or bears upon the invalidity of the proceedings for recognition or enforcement of the award. No appeal to quash (skarga kasacyjna) the appellate court's decision can be brought in the Supreme Court (Sad Najwyzszy).

(Source: CPC, Art. 1214 para. 1 and Art. 795 para. 1 combined with Art. 1214 para. 2, Arts. 394-397.)

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets?

The earliest stage at which execution against assets may be obtained on the basis of a foreign award is once the decision to grant enforcement of the award becomes final and binding and receives a court enforcement clause. Together, the award and the court enforcement clause form the basis upon which an enforcement action may be initiated. The decision on enforcement needs first to be notified to the respondent.

(Source: CPC, Arts. 776 and 777 para. 1 point 2.)

E. Evidence required

12.

(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

The request for recognition and enforcement must be accompanied by: (i) the original award or a copy certified by the arbitral tribunal), (ii) the original arbitration agreement or certified copy prepared by a Polish public notary or, failing that, an apostillized copy.

(Sources: CPC, Art. 1213; Notary Law of 14 Feb. 1991 (Ustawa z dnia 14 lutego 1994 roku Prawo o notariacie, Dz. U. 2002 Nr 42 poz. 369), Art. 96 point 2; Supreme Court Resolution of 6 June 1977, signature II CZ 45/77, published in OSNC 3/1978.)

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

No, only the arbitration clause/agreement needs to be supplied.

(c) Are originals or duly certified copies required?

Either originals or certified copies.

(d) How many originals or duly certified copies are required?

One original or certified copy is required, plus one copy for each of the respondents.

(Source: CPC, Arts. 13 para. 2 and 128.)

(e) Does the authority or court keep the originals that are filed?

The court keeps the original documents filed. However, a party may request that the court return original documents. Original documents will be returned after a copy of the document has been filed upon the decision of the head of the court division (przewodniczacy wydzialu), who may release the applicant from the obligation to file a copy.

(Source: Minister of Justice, Ordinance on Statute of Public Courts, 23 Feb. 2007. (Rozporzadzenie Ministra Sprawiedliwosci z dnia 23 lutego 2007 roku Regulamin urzedowaniaa sadów powszechnych, Dz. U. Nr 38, poz. 249), para. 90).

13.

(a) Is it necessary to provide a translation of the documents supplied?

If any document supplied is not in the Polish language, a certified translation of the document into Polish is required.

(Source: CPC, Art. 1213.)

(b) If yes, into what language?

Polish.

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

Translations must be prepared by a sworn translator, i.e. a translator listed as a court expert by any regional court-not necessarily the regional court where recognition or enforcement is sought.

(Source: Law on Profession of Sworn Translator, 25 Nov. 2004 (Ustawa z dnia 25 listopada 2004 roku o zawodzie tlumacza przysieglego, Dz. U. Nr 273, poz. 2702), Art. 13).

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?

The full document must be translated.

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

A stay of the proceedings for recognition and enforcement may be granted when an application to set aside or suspend a foreign award before the competent authority has been made. Such stay is not compulsory. However, the court with which the application for recognition or enforcement of the award was filed may adjourn the proceedings. That decision may be made ex officio or at a party's request. The adjournment of proceedings is of an administrative nature only, contrary to the stay of proceedings, which entails certain legal consequences for the parties.

(Source: CPC, Arts. 177 para. 1 point 1 and 1216.)

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

A court shall suspend the proceedings ex officio: (i) in the event of the death of a party or its statutory representative, loss by a party or its statutory representative of their capacity to act in the proceedings, loss of the capacity to be a party in civil proceedings or loss of the status of statutory representative; (ii) in the event of defects in the composition of a governing body of a party preventing it from acting; (iii) if communication between a party or its statutory representative and the seat of the court is impossible due to extraordinary events; (iv) if the proceedings relate to assets subject to bankruptcy or the applicant's bankruptcy has been declared.

(Source: CPC, Art. 174 para. 1.)

A court may also suspend the proceedings ex officio: (i) if the decision depends on the outcome of another pending civil proceeding; (ii) if a third party joins the proceedings claiming that it should be the applicant in those proceedings; (iii) in the absence of both parties from the trial, unless otherwise provided by law, or if the applicant is absent and did not request that the case be heard and the respondent did not file a motion to hear the case; (iv) if an incorrect address is given for the applicant or the respondent's address is not provided by the applicant within the applicable time limit, or the applicant does not abide by any particular order.

(Source: CPC, Art. 177 para. 1.)

Finally, a court may suspend the proceedings at the joint request of the parties.

(Source: CPC, Art. 178.)

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

The granting of a stay of legal proceedings on the basis of Art. 177 para. 1 point 1 CPC is not conditional on the provision of security.

The granting of an adjournment of legal proceedings for recognition or enforcement will, in other cases and only at a party's request, be conditional upon the provision of security. If an application to set aside the award has been made, the applicant for recognition or enforcement of that award may request the court to order respondent to provide appropriate security.

(Source: CPC, Art. 1216.)

G. Confidentiality

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

The court hearings are public and the court's decision is pronounced publicly.

(Source: CPC, Arts. 148, 326 para. 2 and 1215 para. 1.)

However, access to the file is limited to the parties to the proceedings and those entities that show evidence of a legal interest in obtaining such access. The head of the court's division may also grant other persons (e.g. journalists, academics) access to all or part of the file. The parties to the procedure are not notified of such access and cannot object thereto.

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

The hearings are not confidential. However, any party to the proceedings may request such confidentiality.

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?

No, judgments on recognition and enforcement are not published.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

Recognition and enforcement of partial foreign awards may be obtained under the same conditions as are applicable to recognition or enforcement of arbitral awards in general.

(Source: CPC, Arts. 317 para. 1, 776 and 777.)

Decisions ordering interim measures are also enforceable under the same conditions.

(Source: CPC, Art. 1181 para. 3.)

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

It is possible to obtain the recognition and enforcement of non-monetary relief contained in foreign awards, to which the procedure applicable to recognition and enforcement of foreign awards will apply.

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

It is possible to obtain recognition and enforcement of only part of the relief granted in a foreign award.

(Source: CPC, Art. 1212 para. 1.)

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

A party may obtain recognition and enforcement of a foreign award set aside by the competent authority on the basis of Art. V(1)(e) of the New York Convention, directly applicable in Poland.

20.Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

A court fee must be paid when filing a request for recognition or enforcement of a foreign award. That fee is PLN 300 for the recognition and enforcement of the award and PLN 60 for recourse against the court's decision on recognition or enforcement of a foreign award.

(Source: Law on Court Fees in Civil Proceedings, 28 July 2005, (Ustawa z dnia 28 lipca 2005 roku o kosztach sadowych w sprawach cywilnych, Dz. U. Nr 167 poz. 1398), Arts. 19 para. 3 point 2 and 24 para. 1.)

Country Rapporteur: Przemyslaw P. Krzywosz.

Other contributors: Piotr Nowaczyk, Pawel Pietkiewicz, Elzbieta Rablin.