Companies in Poland
that want to solve commercial disputes
can resort to court litigation to sort their misunderstandings. Commercial cases are received by common courts in their commercial division
. The district court is the first instance court in certain commercial cases like those involving property rights, limited to a certain amount.
Commercial cases in Poland include:
- corporate or business relations;
- damages against the board members;
- breach of company law or corporate rules;
- environmental cases against companies in Poland;
Commercial proceedings in Poland
Commercial cases are first brought before the commercial division of the common court. The case can be moved to a different common court if the first one does not have a commercial division. Local Polish law but also EU Regulations are applicable to commercial matters in the country. Commercial litigation trials are open, however, closed sessions may be ordered by the court in certain commercial proceedings, especially if they involve the disclosure of confidential information.
Bilateral international agreements may apply in those commercial cases that involve parties from two different countries. This can be the case for Polish companies
that have foreign business partners or for Polish branches. One of our Polish lawyers
can help you know more about these treaties and if one is in place in your case.
Dispute resolution in Poland
Alternative dispute resolutions methods exist for commercial cases in Poland. Arbitration is the most commonly used method and Poland bases its arbitration laws on several international commercial arbitration guidelines. Permanent arbitration courts are in place in Poland and this alternative dispute resolution method is becoming more popular for many commercial cases, including contractual disputes.
An arbitration settlement has the same effects as a court decision, being legally binding for the parties.
Foreign companies in Poland
enjoy the same status as national in civil and commercial disputes. The same also applies to the various time limits for bringing a case to court.
You can contact our Polish law firm
for more details about the laws in force in the country or if you need professional legal advice and court representation.