Contractual disputes in Poland
may be resolved through litigation, however, a common practice among many investors and business partners is to include a clause for alternative dispute resolution. Arbitration
are two options that may be used as efficient tools for solving contractual misunderstandings
or breaches between parties.
Law governing contractual breaches in Poland
Written agreements in Poland
can include special clauses that will dictate the manner in which issues will be dealt with from a legal point of view and according to a pre-set governing law and jurisdiction. Contracts concluded with Polish companies
do not need to be subject only to the Polish law. While some matters will remain under domestic jurisdiction, like guardianship or inheritance matters, most commercial contracts can be under the jurisdiction of foreign courts. Property rights and matters concerning property in Poland
are also subject to the exclusive Polish jurisdiction.
The Polish Civil Procedure Code and relevant international treaties and agreements are used for enforcing court judgments in Poland, both for local and foreign entrepreneurs. Trade activities are subject to general export laws, mainly the ones imposed by EU bodies.
Our lawyers specialize in various legal areas, including commercial law
and contract law. You can request our help for concluding contracts with another Polish party or with a foreign investor in Poland.
Solving contract disputes in Poland
Contracts will special clauses that refer to specific breaches, including for example material breaches. These can include failure to make the necessary payments or observe the main contractual goals. Non-material breaches can be delays in performance. The party affected by the breach may choose to terminate the agreement. Special termination clauses will dictate how this can take place, however, before this final step, parties may choose to rely on dispute resolution methods.
Court litigation can be used for commercial issues in Poland but arbitration and mediation are two dispute resolution methods that can be used to in case of contractual disputes. Arbitration resembles the court litigation
, only that the judgment is composed of one or more arbitrators that can be chosen by the parties. A solution for a contractual dispute that is provided by an arbitration court will have the same validity as one issued by a Polish court.