A Slovak logistics company wins a contract with a Polish distributor. Deliveries run smoothly for six months. Then payments stop. The distributor disputes the quality of the last three shipments and threatens a counterclaim. The Slovak company's in-house counsel opens a browser and searches for options – only to find that Polish dispute resolution involves at least three distinct procedural tracks, each with hard deadlines and cost consequences that differ sharply from Slovak practice.

Slovak companies doing business in Poland face a procedural environment that is materially different from the Slovak legal system. Polish civil courts operate under the Kodeks postępowania cywilnego (Code of Civil Procedure, KPC), which sets strict filing deadlines, mandatory pre-trial disclosure rules, and a two-instance court structure supervised by the Supreme Court of Poland. Commercial disputes above PLN 75,000 are automatically assigned to dedicated commercial divisions of regional courts. Failure to raise defences or counterclaims within the first exchange of pleadings can forfeit those rights permanently.

This alert covers three immediate issues: which forum governs your dispute, what procedural traps arise in the first 30 days, and when arbitration or public procurement appeal offers a faster path. Each section flags the irreversible consequences of inaction.

Which forum governs disputes between Slovak and Polish parties?

The starting point is the contract. If the agreement contains a valid jurisdiction clause pointing to Polish courts or a Polish arbitration seat, that clause controls. Under European Union private international law – specifically the Brussels I Recast Regulation, which applies between Poland and Slovakia as EU member states – a court seised in breach of an exclusive jurisdiction clause must decline jurisdiction. That protection, however, only activates if the defendant raises it within the deadline set by the KPC: typically 14 days from service of the statement of claim.

Three Polish institutions handle commercial disputes at scale. The Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej (Court of Arbitration at the Polish Chamber of Commerce, SA KIG) is the most widely used arbitral body for cross-border matters. The Sąd Polubowny przy Konfederacji Lewiatan (Lewiatan Court of Arbitration) handles mid-market disputes. State courts – the Sądy Okręgowe (Regional Courts) and Sądy Apelacyjne (Courts of Appeal) – handle litigation where no arbitration clause exists. Knowing which body has jurisdiction before a dispute crystallises saves months of preliminary skirmishing.

Where the contract is silent, Polish courts apply EU conflict-of-law rules. For a sale-of-goods contract, the default governing law is the law of the seller's habitual residence – which may be Slovak law. That creates an uncomfortable asymmetry: a Polish court applying Slovak substantive law, with Slovak counsel needed to advise on the merits. Agreeing on governing law and forum in writing, before a dispute arises, eliminates that risk entirely.

  • Check every Polish contract for a jurisdiction and governing-law clause.
  • Verify whether the clause designates a state court or an arbitral institution.
  • Confirm that the clause satisfies the formal requirements of the Brussels I Recast Regulation.
  • Note the 14-day window to challenge jurisdiction after service of claim.
  • Identify whether the dispute value exceeds the PLN 75,000 commercial-division threshold.

We secured a reversal of a jurisdiction ruling for a Slovak technology distributor whose Polish counterparty had filed in an incorrect court in the Mazowieckie region (autumn 2025). Acting within the 14-day window was the decisive factor.

What procedural traps arise in Polish litigation within the first 30 days?

Polish litigation moves fast at the outset and then slows. The first 30 days after service of a statement of claim are the most consequential. Under the KPC, a defendant who fails to file a written response within the court-set deadline – usually 14 to 30 days – risks a default judgment being entered without a hearing. That judgment is immediately enforceable and can be used to attach Polish bank accounts or assets before the defendant even realises proceedings have started.

The preclusion rule is equally dangerous. Polish commercial procedure requires parties to present all factual allegations and evidence in their opening submissions. Evidence or arguments introduced late can be excluded by the court as inadmissible. For a Slovak company receiving a claim in Polish, the translation and comprehension burden alone can consume the available window. A Warsaw-based dispute lawyer must be instructed on the day of service, not after internal escalation has run its course.

Interim measures (zabezpieczenie) deserve separate attention. A creditor can apply for asset freezing orders before or during proceedings. The court may grant such an order within 7 days of application, without hearing the other side. If a Slovak company's Polish receivables or bank balances are frozen, operations can halt immediately. Challenging a freezing order requires a separate application and can take 4 to 6 weeks to resolve – a period during which cash flow is disrupted.

Sanctions compliance adds a further layer. Slovak companies operating in sectors covered by EU restrictive measures must verify that their Polish counterparty, or any beneficial owner behind it, does not appear on EU or Polish sanctions lists. Litigation against a sanctioned entity raises enforcement questions that go beyond standard dispute resolution. The Ministerstwo Finansów (Polish Ministry of Finance) maintains the national sanctions register, which should be checked before filing any claim.

When does arbitration or a KIO appeal offer a faster path?

Arbitration Poland is not always faster than litigation, but it offers advantages that matter for Slovak companies: confidentiality, choice of arbitrators with sector expertise, and an award that is enforceable across EU member states under the New York Convention without re-litigation on the merits. SA KIG proceedings for a mid-size commercial dispute typically conclude within 12 to 18 months – comparable to first-instance court timelines but with a final, enforceable outcome at the end of that period rather than a judgment that may still be appealed.

The KIO appeal track is distinct. The Krajowa Izba Odwoławcza (National Appeals Chamber, KIO) handles public procurement challenges. Slovak companies bidding on Polish public contracts – infrastructure, IT, logistics – can file a KIO appeal within 10 days of the contracting authority's decision. The KIO issues a ruling within 15 days. This is the fastest formal dispute mechanism in the Polish legal system. Missing the 10-day deadline closes the KIO route permanently and forfeits the right to challenge the procurement decision through any other administrative channel.

Our team obtained interim measures protecting assets worth over EUR 3m for a Slovak construction supplier in Lower Silesia (spring 2025), using the arbitration route under SA KIG rules. The claimant's decision to invoke arbitration rather than state courts reduced the total timeline by an estimated eight months.

For disputes involving enforcement of a foreign judgment – for example, where a Slovak court has already ruled in your favour – the process in Poland follows EU Regulation 1215/2012. Enforcement is largely automatic between EU member states, but local procedural steps at the relevant Regional Court still apply. See our step-by-step guidance on enforcing a UAE judgment in Poland for a comparison of the non-EU enforcement track, and our note on enforcing a Luxembourg judgment in Poland for the intra-EU procedure. Slovak companies structuring their Polish operations should also review our decision matrix on sp. z o.o. vs SA for Slovakia investors to understand how entity choice affects dispute exposure.

Frequently asked questions

Q: Can a Slovak company sue a Polish counterparty in Slovak courts?

A: Only if the contract contains a valid jurisdiction clause designating Slovak courts, or if the defendant is domiciled in Slovakia. Without such a clause, the Brussels I Recast Regulation generally requires proceedings to be brought in the courts of the defendant's domicile – which for a Polish company means Poland. Attempting to litigate in Slovakia without a proper jurisdictional basis risks a jurisdictional challenge that wastes time and costs.

Q: How long does a standard commercial dispute take in Polish courts?

A: First-instance proceedings in a Regional Court commercial division typically take 12 to 24 months from filing to judgment, depending on the complexity of the case and the court's caseload. An appeal to the Court of Appeal adds a further 6 to 18 months. Arbitration under SA KIG rules can reduce the total timeline, particularly where the parties agree to expedited proceedings for claims below PLN 500,000.

Q: Is it necessary to have a Polish-qualified lawyer to represent a Slovak company in Polish proceedings?

A: Yes. Polish procedural law requires that parties in court proceedings be represented by an adwokat (advocate) or radca prawny (legal counsel) admitted to practice in Poland. A Slovak lawyer cannot appear as counsel before Polish courts or the KIO. Instructing Polish-qualified counsel from the moment a dispute is foreseeable – not after the first deadline has passed – is the single most important step a Slovak company can take.

The specific circumstances of your dispute determine which track applies and how quickly you must act. Delay in the first two weeks of a Polish proceeding can forfeit defences, allow asset freezes to take effect, and preclude KIO appeals entirely.

To receive an expert assessment of your dispute exposure in Poland, contact info@kordeckipartners.com. Our disputes team will identify the applicable forum, map the immediate deadlines, and advise on interim protective measures within 48 hours of instruction.

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 litigation, arbitration, and cross-border dispute resolution. We work with Polish entrepreneurs, foreign investors, and in-house legal teams – including a dedicated Slovak and CIS Desk. 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.