A Dutch company supplies industrial components to a Warsaw distributor. Payments stop. The distributor disputes the contract terms. The Dutch side has 30 days to decide whether to file for interim measures before assets are moved – or watch the window close permanently.
Netherlands companies doing business in Poland can resolve commercial disputes through Polish state courts, institutional arbitration, or mediation. Polish civil procedure allows foreign claimants to file in the district court (Sąd Rejonowy) or regional court (Sąd Okręgowy) with jurisdiction over the defendant's registered seat. The Brussels Ia Regulation governs jurisdiction and enforcement between EU member states, making Dutch judgments directly enforceable in Poland without a separate exequatur procedure. Acting within statutory deadlines – some as short as 14 days – is essential to preserving rights.
This alert covers three immediate concerns for Dutch businesses: which forum to choose, how Polish court timelines and costs compare with arbitration, and what action to take before a dispute becomes unrecoverable. The analysis draws on Polish civil procedure, the Brussels Ia framework, and institutional arbitration rules applicable to cross-border claims.
What dispute resolution options are available to Dutch companies in Poland?
Dutch companies have three main paths: Polish state courts, arbitration before an institutional tribunal, and mediation. Each carries different timelines and cost structures. Choosing the wrong forum at the outset can forfeit procedural advantages that are impossible to recover later.
Polish state courts handle commercial disputes through the commercial divisions of district and regional courts. The National Court Register (Krajowy Rejestr Sądowy, KRS) provides verified information on a Polish counterparty's registered seat, which determines territorial jurisdiction. Claims up to PLN 100,000 go to the district court. Claims above that threshold – including most cross-border supply or service disputes – go to the regional court. First-instance proceedings in Warsaw currently average 18 to 24 months for contested commercial matters.
Arbitration Poland offers a faster alternative. The Court of Arbitration at the Polish Chamber of Commerce (Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej, SA KIG) is the primary institutional choice for disputes with a Dutch nexus. Proceedings typically conclude within 12 months. The arbitration clause must be in writing and agreed before the dispute arises – retrofitting it after a conflict starts is not possible. This is the single most common structural error Dutch companies make when entering Polish contracts.
- State court – no prior agreement needed; 18–24 months; filing fee 5% of claim value
- SA KIG arbitration – clause required; 10–14 months; registration fee plus arbitrator costs
- Mediation – voluntary; 1–3 months; low cost; no binding outcome without settlement
- KIO appeal – applies only to public procurement disputes; 15-day filing deadline
For Dutch companies already in a dispute without an arbitration clause, litigation Warsaw is the default route. The Polish Financial Supervision Authority (Komisja Nadzoru Finansowego, KNF) is relevant only where the dispute involves regulated financial instruments – a narrower category than many Dutch clients assume.
Who is affected and what must Dutch companies do immediately?
Any Netherlands-registered entity with a Polish subsidiary, a Polish contractual counterparty, or assets held in Poland is directly affected by these procedural rules. The thresholds and deadlines below are not administrative formalities – missing them forecloses options permanently.
We secured a reversal of a contractual penalty exceeding PLN 1.8m for a Dutch logistics operator in the Mazowieckie region (autumn 2025). The client had received a payment demand with a 14-day cure period. Acting within that window preserved the right to challenge the penalty's legal basis entirely. Waiting would have converted the demand into an enforceable obligation.
Three deadlines govern most Dutch-Polish commercial disputes. First, interim measures (zabezpieczenie) must be applied for before or simultaneously with the main claim – delay allows asset dissipation. Second, a KIO appeal in public procurement must be filed within 10 days of the contracting authority's decision (or 5 days for lower-value contracts). Third, enforcement of a Brussels Ia judgment in Poland requires no separate recognition step, but the enforcement title must be served on the debtor before execution begins – skipping this step invalidates the process.
Our team obtained interim asset protection worth over EUR 3m for a Dutch technology company's Polish subsidiary in Silesia (spring 2026). The application was filed on the same day the counterparty signalled it was restructuring. Speed was the only factor that preserved the client's position.
Sanctions compliance adds a further layer. Dutch companies subject to EU sanctions regimes must verify that their Polish counterparty is not a designated entity before initiating or continuing litigation. Proceeding against a sanctioned party – even to recover a legitimate debt – can itself constitute a sanctions violation. The dispute lawyer engaged must conduct this check before filing.
- Verify counterparty against EU consolidated sanctions list before filing
- Apply for interim measures on day one if asset dissipation is a risk
- Confirm whether an arbitration clause exists in the contract
- File KIO appeal within 5 or 10 days depending on contract value
- Serve the enforcement title on the debtor before instructing a bailiff
For context on how similar issues arise for companies from other jurisdictions, see our analysis of dispute resolution for United States companies doing business in Poland. Dutch companies with VAT or invoicing exposure should also review what KSeF means for your business in the Netherlands. Where enforcement of a foreign judgment is relevant, our step-by-step guide on enforcing an Italy judgment in Poland sets out the procedural framework that applies equally to Dutch titles.
A specific dispute situation requires immediate assessment. Delay in choosing the right forum or missing a procedural deadline forfeits rights that cannot be recovered through any subsequent action.
To receive an expert assessment of your dispute exposure in Poland, contact info@kordeckipartners.com. If your Netherlands company faces a Polish counterparty dispute – whether at the interim measures stage, arbitration, or enforcement – we will assess your forum options, deadline position, and sanctions compliance within 48 hours.
KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to commercial dispute resolution, arbitration, and cross-border enforcement. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.