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FAQ

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Can the parties choose the law or court?

According to Polish law the parties can decide that their legal relationship be subject to a particular law and may choose a jurisdiction or even a particular court.

As for choice of jurisdiction, rules established by Council Regulation (EC) No 44/2001 apply. This means that if the parties, one or more of whom is domiciled in a member state, have agreed that a court or courts of a member state are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have exclusive jurisdiction unless the parties have agreed otherwise. The parties not domiciled within the EU may conclude the same agreement and in such case the courts of other member states shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

Outside the scope of the Regulation, Polish CCP applies. The parties to a particular relationship can agree to make all disputes arising from this relationship subject to the jurisdiction of the Polish courts. Moreover, with regard to obligations resulting from agreements, individuals or entities conducting commercial activity can agree in writing to exclude the jurisdiction of the Polish courts in favour of the courts of another country (provided that such courts can assume jurisdiction under the laws of that country). This does not apply, however, in case of real estate situated in Poland, in relation to which Polish courts have exclusive jurisdiction which cannot be modified by the parties.