How much arbitration in the new civil procedure?

Given the breakneck speed at which new laws are passed in Poland these days, it is reasonable to expect that extensive modifications of civil procedure will come into force before mid-2019. The statutory amendments proposed by the Ministry of Justice are touted as conducive to speed and efficacy of proceedings before the courts. While some solutions provided for in the draft legislative Act regarding amendment of the Civil Process Code and certain other acts dated 13 September 2018, such as restoration of commercial proceedings, give rise to doubts and are likely to generate controversy, other ideas tabled by the Ministry merit praise, especially those which mirror solutions proven in arbitration (for instance with regard to procedure). Of course, it remains to be seen how such a combination of devices from the realms of classic litigation and of ADR might acquit itself in actual practice; after all, the underlying premises and overall cultures of these two dispute resolution systems differ significantly. And, just as importantly, are judges and lawyers ready for these changes ?

Preparatory sessions

The proposed revisions to the Polish Civil Process Code (arts. 205⁴ et seq) provide for what are referred to as preparatory sessions, which would be mandatory and which are intended to offer an opportunity to resolve the dispute without proceeding to full-blown litigation. In principle, the preparatory session will be more informal in nature, with many of the formalities involved in a regular court hearing waived; in fact, the recommendation is that preparatory sessions be convened at some venue other than the courtroom (…)

An abridged version of this article was published in Rzeczpospolita on 2 April 2019. As with all our publications, you are invited to contact our firm if you are interested in reading the full English-language text or in discussing any of the topics raised with our legal experts.

Maria Dudzińska

radca prawny, senior associate

Joanna Kisielińska-Garncarek

radca prawny, senior associate