ADR. Arbitraż i Mediacja

no. 3/2022

A few comments to the draft act of August 26, 2021 amending the act – Code of Civil Procedure and some other acts

Konrad Gortad
adwokat; senior associate w Kancelarii JDP Drapała & Partners; specjalizuje się w postępowaniach spornych
Abstract

The paper deals with the amendment to the Code of Civil Procedure, which will enable the parties to convert proceedings pending before a state court into proceedings before an arbitration court (art. 11611 and art. 1165 § 11 of the Code of Civil Procedure). However, these solutions are not without imperfections. In particular, the paper refers to the inability toreturn” to proceedings before a common court after its discontinuation pursuant to Art. 11611 of the Code of Civil Procedure or the too low amount of the claim fee returned to the claimant in the event of discontinuation of the proceedings before the common court pursuant to Art. 11611 of the Civil Procedure Code. It seems necessary to introduce changes in this area even before the proposed solutions enter into force.