Global Arbitration Review introduces ‘Investment Treaty Arbitration: Poland’

18 January 2024 | Knowledge, News

The judgment of the Court of Justice of the European Union in the Achmea case called into question the compatibility of investment treaties concluded between Member States with EU law.

As a result, Poland has taken steps to exclude treaties concluded with other EU Member States from international legal transactions, which has led to a one-third reduction in the number of investment treaties binding on Poland.

In this context, the following question arises:

Which investors can still count on treaty protection for their investments in Poland?

Marek Jeżewski and Krzysztof Walczyk have prepared a practical guide to Polish investment law for Global Arbitration Review.

The aim of the publication is to help foreign investors make informed decisions when planning to invest in Poland.

The authors analysed nearly 40 investment treaties still in force, presenting investor protection standards and investment dispute resolution mechanisms.

The issues analysed include:

  • Fair and equitable treatment standard
  • Investment protection and security standard
  • Expropriation rules
  • Most-favoured-nation clause
  • Umbrella clause
  • Length of the ‘cooling-off’ period
  • Access to ordinary courts
  • Possibility of initiating arbitration proceedings

Distinguishing features of investment treaties signed by Poland

In addition to elements found in virtually all treaties, such as the most-favoured-nation clause, the guide identifies several – sometimes non-obvious – exceptions that stand out against the background of established treaty practice.

The publication also covers the practical aspects of conducting investment disputes against Poland and the key legal regulations concerning the enforcement of arbitral awards.

Importantly, Poland is not a party to the Washington Convention and therefore Article 54 of the Convention, which provides for a mechanism of ‘automatic’ recognition and enforcement of arbitral awards made under the Convention, does not apply to it.

Despite the almost complete disappearance of intra-EU treaties, can foreign investors secure protection for their Polish investments under other treaties? The answer lies in the careful and considered structuring of investments to ensure their adequate protection.

Source: Global Arbitration Review

Any questions? Contact us:

Marek Jeżewski

Krzysztof Walczyk

Latest Knowledge

Whistleblower bill back in the Sejm

On 23 May, the Sejm (the lower house of the Polish Parliament) passed a bill on the protection of whistleblowers. We summarise what has changed from the previous versions, what needs special attention and what amendments the Senate has made.

Belka tax cut and what this means for companies

The Minister of Finance has announced a plan to reduce the Belka tax, to come into effect on 1 January 2025. And although he has said that the groundwork is already being laid, he has not yet revealed all the details of the proposed changes.

Liability of management board members

The liability of management board members is a complex and multifaceted issue. It is therefore worth taking a closer look at these issues, especially in light of recent developments.

Effectively managing collective redundancies

The labour market is seeing an increased number of collective redundancies. We check what rules govern collective redundancies and what obligations must be fulfilled in order to carry them out effectively.

SME Fund – Tomasz Szambelan accredited IP Scan provider

Tomasz Szambelan has been included in the list of accredited IP Scan providers maintained by the Polish Patent Office. The IP Scan service is part of the grant scheme for the filing of trade marks, designs and inventions from the European SME Fund.

New rules for setting fines for businesses by the President of UOKiK

At the beginning of April 2024, the President of the Office of Competition and Consumer Protection (UOKiK) published new clarifications on the determination of the amount of fines in cases related to the conclusion of agreements restrictive of competition and the abuse of dominant position.

Contact us:

Marek Jeżewski, PhD

Marek Jeżewski, PhD

Advocate, Partner, Head of Dispute Resolution

+48 795 548 314