The accession of Poland into the European Union on 1st of May 2004 and the introduction of a free movement of people and capital connected with it had a massive impact on legal services in Poland. We as lawyers did everything to be prepared for those changes in advance. [Read more.]

Alternative dispute resolution and court proceedings in Poland

Anna Miśtal-Kluś11 October 2023Komentarze (0)

Our legal office often files lawsuits in Poland on behalf of foreign clients in cases where Polish courts have jurisdiction. Unfortunately, court proceedings in Poland are quite lengthy, the number of lawsuits submitted to the court is increasing every year, so it is always worth considering an alternative way of resolving a dispute. Our trial experience shows that even after many years of trial, concluding a settlement can be beneficial for each party of the proceedings.

In the initial phase of the dispute, when emotions are very tense, it is often difficult for the parties to reach an agreement. However, as the proceedings continue, sometimes it is possible to reach an agreement, especially when the proceedings are prolonged due to the need for another expert opinion to be issued or for one of the parties, or even both parties, to file an appeal against the judgment of the court of the first instance.

What are the direct benefits of concluding a settlement:

• in payment proceedings, the party knows what amount it will receive from its adversary and within what time limit,
• in the settlement, the parties can regulate who will bear the costs of the trial and in what amount (especially court fees, expert fees, remuneration of the proxies),
• in the event of failure to implement the settlement concluded before the court, the creditor may apply to the Court for an enforcement clause to be issued to the judgment and enforce the judgment directly by the bailiff,
• a claim established by a settlement concluded before a court or a settlement concluded before a mediator and approved by the court expires after six years. If the claim established in this way covers periodic benefits, the claim for periodic benefits due in the future becomes time-barred after three years,
• the court refunds the entire claim fee if the proceedings ended with a settlement before the hearing before the court of first instance;
• the court returns half of the claim fee if the proceedings in the first instance ended with a court settlement after the commencement of the hearing,
• the court refunds half of the appeal fee when the case ended with a court settlement before the second-instance court,
• at any stage of the case, the court may refer the parties to mediation – if a settlement is reached before a mediator, the court returns three-quarters of the fee initiating the proceedings.

Would you like to learn more about the court proceedings in Poland don’t hesitate to contact our lawyers.

{ 0 comments… add one now }

Leave a Comment

Previous post: