Cross-border arbitration analyses for the raw food materials industry

International company benefited from the assistance of our law firm in the implementation of a foreign arbitration award in Poland

Many international contracts are being secured by arbitration clauses in order to ensure the effectiveness and efficiency of potential disputes solutions. One groceries needed support in verifying the formal correctness of the Polish court’s enforceability declaration of the Dutch arbitral tribunal award.

Our lawyers carried out a detailed analysis of the enforceability of the foreign arbitral award

In the first instance , it had to be decided whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards concluded in 1958 or the provisions of the Polish Code of Civil Procedure apply to the case. As the Netherlands acceded to the convention in 1964 and Poland acceded to it in 1976, the convention’s provisions took precedence over national law due to constitutionally regulated hierarchy of law sources. In the course of their analysis, our experts found a number of procedural errors committed by the foreign arbitral tribunal and consequently signalled their doubts to the client.

The obtained legal opinion was a basis for setting aside the binding force of the foreign arbitral award due to formal incoherence

The company we supported ultimately successfully protected its interests. The removal of a formally defective arbitral award from Polish legal turnover was achieved.

In international arbitration cases, knowledge and experience are decisive, thanks to which our law firm successfully recommends and implements the right strategy in legal proceedings.