Warsaw, 27.05.2013 (ISBnews) Public administration should support the arbitration courts in Poland, says Krzysztof Kwiatkowski, the former minister of justice, currently the Chairman of the Special Committee for the Codification Changes. 

Changes in arbitration law are also needed. Kwiatkowski points out the example of France, where the government (administration) has taken a number of actions to enhance the arbitration. Such solutions could successfully be implemented also in Poland.

‘I will speak with government officials about the public administration to support the arbitration courts in Poland. I’m thinking about the Ministry of Justice and the Ministry of Foreign Affairs. From my point of view, the representatives of public administration should promote the Polish authorities in this respect, such positive showcase is for example the Court of Arbitration at the Polish Chamber of Commerce’ – said Kwiatkowski during the conference ‘Arbitration: Law, Practice, Institutions’ organized by the Court of Arbitration at the Polish Chamber of Commerce and Special Committee for the Codification Changes.

‘It is no coincidence that the countries considered to be the most attractive in this respect are, at the same time, countries that boast a modern, arbitration friendly legislation and permanent arbitration courts with high, well-established reputation. A highly rated court of arbitration not only builds the prestige of the country and the city of its seat, but may also bring them measurable benefits.’ – added Marek Furtek, the President of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw.

The Head of the Department of Civil Law and Private International Law, Professor at the University of Silesia. Assoc. Wojciech Popiołek drew attention to a number of provisions in the current legislation which should be clarified or changed.

"One of the main problems is, for example, the issue related to the extent to which arbitrators have the right to consider cases, i.e. the so-called fitness for arbitration. The present regulation raises some doubts and certainly we should consider its fullest meaning. A second important issue is the problem of bankruptcies, as declaring a company bankrupt also results in termination of arbitration agreements. This is unique in the world and compromises should be sought in this respect"- stressed Popiołek.

An account of the press conference can be seen here