Publications

On April 22, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU“) under case file no. C-109/20 (“Opinion“). The Advocate General dealt with the question whether an EU Member State can implicitly agree to investment arbitration…

On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU“) under case file no. C-741/19 (“Opinion“) in favour of the CJEU’s jurisdiction over a request for preliminary ruling to interpret the Energy Charter Treaty…

The article discusses the recent Opinion of the Advocate General issued in the proceedings before the Court of Justice of the EU under case file no. C-741/19. The case may have implications for investment arbitration proceedings stemming from the Energy Charter Treaty within the EU.

The General Court of the European Union, in case no. T-93/18 between the International Skating Union and the European Commission had to address the question whether the arbitration rules of ISU conferring exclusive jurisdiction on the Court of Arbitration for Sports in Lausanne with respect to appeals from ineligibility decisions…

The article discusses the Judgment of EU's General Court of 16 December 2020 in the case file no. T 93/18. The Court had to address the question whether the arbitration rules of the International Skating Union (“ISU“) conferring exclusive jurisdiction on the Court of Arbitration for Sports in…

The article discusses the judgment of the Appellate Court in Warsaw concerning the scope of Polish public policy in setting aside proceedings. The main question addressed by the Court was whether the EU competition law has to be taken into account when establishing whether an arbitral award is in breach…

The Appellate Court in Warsaw recently (Case No. I ACa 457/18) considered whether the EU state aid regulations form part of the Polish public policy, when considering an application to set aside an arbitral award. The Court decided that EU competition law has to be taken into account when considering…

The Appellate Court in Warsaw (Case No. VII AGa 804/19) considered whether a narrow arbitration clause maybe a reason for rejecting a set-off argument raised by a respondent in arbitration proceedings if the basis of the set-off claim is not covered by the arbitration clause. The Court found that in…

On 5 May 2020, twenty three Member States of the European Union concluded the Agreement for the Termination of Bilateral Investment Treaties between the Member States of the European Union (“Agreement”). This Agreement is perceived by its signatories and the European Commission as an implementation of the Achmea…

The Appellate Court in Wrocław, Poland (Case No. I ACa 1109/17) considered the question of whether the principle that a case must be examined comprehensively and that doubts must be cleared to the fullest extent possible before the tribunal renders an award constitutes one of the basic principles of Polish…

Analysis of the judgment of the Polish Supreme Court of 28 March 2017, case file no. II CSK 444/16, in which the Supreme Court had to answer the question of whether public policy of Poland requires arbitral tribunals to uphold contracts irrespective of any circumstances, or whether arbitral tribunals may…

Overview of the impact on arbitration in Poland of the 2015 amendments of the Code of Civil Procedure and the Bankruptcy Law.