Monitoring Implementation of the New York Convention

Country name

How did the Convention gain force of law? Date of entry into force (as recorded by the United Nations Treaty Section in the listing of Multilateral Treaties) The Convention gained the force of law through ratification on 19 July 1961 and promulgation in the official gazette "Dziennik Ustaw" of 16 February 1962 (Dz. U. of 1962, No. 9, item 41). Entry into force: 1 January 1962.

Means of incorporation

Authorization/ratification

Does the implementing legislation refer to or incorporate the Convention? Reference

Reproduces/ paraphrases

Legal significance of paraphrasing/additional comments

Poland [reply updated 17/08/2010]

United Nations Commission on International Trade Law (UNCITRAL)

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Monitoring Implementation of the New York Convention

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Does the implementing legislation stand alone or is it part of a larger text? Stand alone

If part of a larger text, does this affect the practical implementation or interpretation of the Convention? The implementing legislation is not part of a broader legislative text.

Rules of interpretation

Differences between the implementing legislation and the Convention At present, there are no differences between the text of the Convention and other legal regulation in the Polish law system.

To interpret the Convention, the courts would resort to domestic and foreign juridical decisions, doctrine, opinions of the Ministry of Justice and legal research institutes. Travaux prparatoires may be used as a part of the process of interpretation of law named - historical interpretation.

Poland [reply updated 17/08/2010]

United Nations Commission on International Trade Law (UNCITRAL)

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Monitoring Implementation of the New York Convention

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Reciprocity reservation

Commercial reservation

Definition of scope of Article II?

Have procedural requirements or conditions for enforcement been established by a court decision? Under article 87 (2) of the Constitution of the Republic of Poland, judicial decisions do not belong to sources of law. Judicial decisions do not create binding law.

Poland [reply updated 17/08/2010]

Poland accepted the Convention without reservations. Above mentioned reservation was made by the Polish government at signing the document. However, it was not confirmed upon ratification as evidence by Poland's instrument of ratification.

Poland accepted the Convention without reservations. Above mentioned reservation was made by the Polish government at signing the document. However, it was not confirmed upon ratification as evidence by Poland's instrument of ratification.

The provisions of the Code of Civil Procedure generally specify the conditions to be met by an arbitration agreement (articles 1161-1168 of the Code).

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Monitoring Implementation of the New York Convention

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Authority competent to decide on a request for enforcement The competent court to decide about the recognition and enforcement of an arbitration award is the court that would have been competent to consider the case if the parties had not made an arbitration agreement (article 1158 1 of the Code). In the Polish law system there is not one particular court. The competent court to decide on a request for enforcement is defined by the general rules of the Code, in particular article 17 and articles 27-30.

Is there any legislative provision or rule of court detailing the procedure applicable to enforcement? (See articles III and IV of the Convention) Polish legislation defines details of the procedure due to the enforcement of a Convention according to the competent court, fees and procedures of appeal. The party applying for recognition and enforcement is obliged to submit the documents indicated in article IV of the Convention.

What are the fees, levies or taxes?

Poland [reply updated 17/08/2010]

Court fees for application of enforcement of an arbitration award amount 300 zlotys (article 18 (1) in connection with article 24 (1) of the Act on court fees in civil cases, Dz. U. No 2005, No. 167, item 1398 with later amendments). Court fees are paid in non-cash form to a current account of a competent court or in a cash form made in a court cash directly or in a court charge marks having appropriate value ( 2 (1) of the Regulation of the Ministery of Justice on manners of making court fees payments in civil cases, Dz. U. of 2006, No. 27, item 199).

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Monitoring Implementation of the New York Convention

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Are fees levied irrespective of application success?

What are domestic fees?

Applicant may cure defect

Translation to official language required Translation shall be submitted always when an arbitration agreement or arbitral award are prepared in another than the Polish language (article IV of the Convention).

Court fees for application of enforcement of an award of national courts amount 300 zlotys (article 24 (1) of the Act on court fees in civil cases, Dz. U. of 2005, No. 167, item 1398 with later amendments) Poland [reply updated 17/08/2010]

Yes

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Monitoring Implementation of the New York Convention

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Limited time period for application for recognition and enforcement of Convention awards? There is no time limit to submit an application for recognition or enforcement of a Convention award.

Procedures for raising objections to enforcement action

Procedure for recourse against refusal to enforce a Convention award A decision refusing to enforce an arbitration award may be appealed by the parties to the appellate court. The parties are entitled to a complaint requesting the cassation appeal against the final decision in this matter (article 1214 of the Code). The proceedings may be resumed by the court which handed down the final decision (article 524 of the Code).

The court may refuse enforcement only at the request of the party and only if the conditions laid down in articles IV and V of the Convention and in article 1215 (2) of the Code are fulfilled.

Poland [reply updated 17/08/2010]

United Nations Commission on International Trade Law (UNCITRAL)

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Monitoring Implementation of the New York Convention

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Procedure for recourse against leave to enforce a Convention award A decision concerning matters to enforce an arbitration award may be appealed by the parties to the appellate court. The parties are entitled to present a cassation appeal against the final decision (article 1214 of the Code). The proceedings may be resumed by the court which handed down the final decision (article 524 of the Code).

Does lodging appeal suspend automatically enforcement?

May suspension be court ordered? Yes.

Comments

Poland [reply updated 17/08/2010]

United Nations Commission on International Trade Law (UNCITRAL)

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