Litigation & arbitration

Motion for a summons to a conciliation session and for mediation will soon no longer protect against the expiration of the statute of limitations

 

Changes to the interruption of the statute of limitations

 

Our Litigation attorneys from Warsaw Law Firm – inform that in just a few months the changes to the Civil Code in Poland concerning the possibility of interrupting the course of the statute of limitations for claims will come into force.

Until now, filing a motion for mediation or a motion for a summons to a conciliation session was a popular way to extend the time limit for pursuing claims. When such an application was filed, the statute of limitations restarts and run anew after the conclusion of conciliation proceedings. In practice, the statute of limitations could be significantly extended, which was particularly important in disputes between entrepreneurs, which as a rule are time-barred after 3 years. It was enough to file such a motion shortly before the expiration of the statute of limitations to gain another 3 years to bring an action in court.

 

A settlement attempt and a motion for a summons to a conciliation session will no longer interrupt the statute of limitations

 

Pursuant to the amended regulations of Polish Law, a motion for a summons to a conciliation session and the commencement of mediation will not interrupt the course of the statute of limitations but will cause it to be suspended while the motion is being processed. As a result, the statute of limitations will only be extended by the time of processing the motion, which usually takes from several to over a dozen weeks. Once conciliation is completed, the period will continue to run.

The purpose of the changes is to discourage creditors from filing motions for a summons to a conciliation session and for mediation only to have the statute of limitations of their claims restarted. Thus, mediation proceedings and settlement attempts are now meant to be conducted with the genuine purpose of reaching an agreement by amicable means.

The suspension of the limitation period will continue:

a) for claims covered by a mediation agreement – for the duration of the mediation;

b) for claims covered by a motion for a summons to a conciliation – for the duration of the conciliation.

 

There is still time to file a request for a settlement attempt and interrupt the statute of limitations

 

The amendments of Polish Litigation rules will come into force on 30 June 2022, which means that entrepreneurs still have time to take advantage of the possibility to interrupt the course of the statute of limitations by filing a motion for mediation or a request for a settlement attempt.

The new regulations will not apply to mediation proceedings and conciliation proceedings initiated before 30 June 2022.

 

Questions or doubts – contact our Law Firm

 

If you have questions or concerns, we encourage you to contact our Law Firm. Our attorneys of the litigation and arbitration practice team will be happy to answer your questions. Inquiries can be directed to: [email protected]

Author team leader DKP Legal anna szymielewicz
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