Recognition of foreigns arbitral awards in Poland
Recognition of arbitration award in Poland is governed by the provisions of Polish Civil Procedure Code and Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10th, 1958 (The New York Convention).
An arbitral award or settlement have the same legal force as a judgment or settlement concluded in font of common court irrespectively of the country in which such judgement was issued. However, arbitral awards or settlements are subjected to recognition or enforcement by a common court. Such proceedings is initiated only on appropriate motion of interested party.
The motion on granting declaration of enforceability of an arbitral award should be accompanied by the following attachments:
- original or certified copy of the arbitral award,
- original or certified copy of the arbitral clause,
- sworn translation into Polish of abovementioned documents if they were prepared in a foreign language.
If the interested party is a legal entity, then it should also attach company excerpt from appropriate register with apostille clause.
Declaration of enforceability
Appropriate appeal court grants the declaration of enforceability by a decision issued on closed session. A arbitral award or settlement with enforcement clause are recognized as enforcement titles. It should be noted that recognition of arbitral award or settlement issued by foreign court can be recognized only after conducting the hearing in this matter.
Complaint on recognition of arbitral award
An interested party may request an annulment of arbitration award or settlement by filling a compliant. Such compliant can be based on the following premises:
- absence or nullity of arbitration clause,
- absence or incorrect notification of the interested party about appointing the arbiter or deprivation the party of the right to pursue its claims or defend its rights,
- the arbitral award was issued with regard to the matters, which were not included in arbitration clause,
- the arbitration court has violated the procedure,
- the arbitral award was issued by the means of crime,
- the common court has issued a ruling in the same case between the same parties.
It should be noted that in certain condition the common court may also revoke the arbitral award ex officio. The complaint on recognition award should be filled within two months from the date of delivery the judgement.
The final judgement on recognition or enforceability of arbitral award of settlement issued by the common court constitutes an enforcement title and is enforceable in Poland on a general basis.