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It is understandable that the power of an arbitral tribunal to resolve disputes must result from the intention of the parties. In this respect Polish Code of Civil Procedure follows general global rules. For an arbitral tribunal to be able to examine disputes, an arrangement has to be made between the parties to a future dispute. This translates into an arbitration clause (or an arbitration agreement).
Under Polish law, two types of an arbitration agreement can be distinguished, i.e. compromise and arbitration clause. A compromise is an agreement under which the parties submit a specific existing dispute to arbitration. Meanwhile, an arbitration clause is an agreement to submit to arbitration disputes that may arise in the future out of a specific legal relationship.
In practice, we usually deal with an arbitration clause included in a specific principal agreement. Arbitration agreements are rarely made if a legal dispute has already arisen. Under Polish law, there is basically no distinction between a compromise and an arbitration clause. However, it is worth noting that pursuant to Article 1164 CCP, in the case of disputes covered by labour law, an arbitration agreement may only be made after the dispute has arisen (therefore it must be a compromise).
Source: Arbitration in Poland, SA KIG, 2011
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: email@example.com.
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