A Ukrainian trading company ships goods to a Polish distributor under a contract governed by Polish law. The distributor refuses to pay, citing alleged defects. The Ukrainian company's management asks a simple question: where do we sue, how long will it take, and what will it cost? The answer depends on choices made – or not made – at the contract stage, and on how quickly the company moves after the dispute arises.

Ukrainian companies doing business in Poland have access to the same dispute resolution mechanisms as Polish entities: state courts, arbitration, and mediation. The key procedural framework is the Kodeks postępowania cywilnego (Code of Civil Procedure, KPC), which governs litigation before Polish courts. For commercial claims, the standard first-instance timeline runs between 12 and 24 months; arbitration before a recognised institution can be faster, though costs differ significantly. Sanctions compliance and cross-border enforcement add layers that Polish-only parties rarely face.

This guide walks through the four main stages of dispute resolution for Ukrainian businesses in Poland: choosing the right forum, running the proceedings, enforcing a judgment or award, and avoiding the most common mistakes. Each section includes a concrete timeline, a cost indicator, and at least one scenario drawn from practice.

Which forum should a Ukrainian company choose for disputes in Poland?

The forum question is the most consequential decision in any Polish dispute. It shapes cost, speed, confidentiality, and enforceability. Ukrainian companies face three realistic options: Polish state courts, institutional arbitration, and mediation as a pre-litigation step. Each carries a different risk profile.

Polish state courts sit within a four-tier structure supervised by the Supreme Court of Poland (Sąd Najwyższy). Commercial disputes are handled by dedicated commercial divisions of district courts (sądy okręgowe) and regional courts (sądy rejonowe), depending on the claim value. Claims above PLN 75,000 start at district court level. The National Court Register (KRS) records the registered seat of every Polish counterparty – always verify this before filing, because it determines territorial jurisdiction.

Institutional arbitration offers a private alternative. The Court of Arbitration at the Polish Chamber of Commerce (Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej) is the most established venue in Poland. Its rules allow proceedings in English, which matters for Ukrainian companies whose management may not operate in Polish. A standard arbitration award is rendered within 6 to 12 months. Registration fees start at roughly 3% of the claim value, subject to a minimum of EUR 1,500.

For contracts that lack an arbitration clause, well-drafted dispute resolution clauses drafted prospectively – as discussed in our guide on arbitration clauses drafting for Polish contracts – can prevent years of procedural uncertainty. If no clause exists, the Ukrainian company defaults to Polish state courts.

  • State court: public, slower, lower entry cost, enforceable across the EU directly
  • Arbitration: confidential, faster, higher upfront cost, requires New York Convention enforcement outside the EU
  • Mediation: voluntary, non-binding unless settled, suspends limitation periods
  • KIO (National Appeals Chamber): specific to public procurement disputes only

One practical point: Ukrainian companies operating under temporary protection status or with assets subject to sanctions screening face additional onboarding checks at arbitral institutions. Build two to four weeks into your timeline for compliance clearance before filing.

How does litigation procedure work in Polish courts for foreign claimants?

Filing a claim before a Polish state court follows a structured sequence. Understanding each step prevents the procedural errors that delay or forfeit Ukrainian companies' claims entirely – and some deadlines, once missed, cannot be recovered.

The process begins with a statement of claim (pozew). The document must be filed in Polish, accompanied by certified translations of all foreign-language exhibits. Court fees (opłata sądowa) are set at 5% of the claim value, capped at PLN 200,000. A Ukrainian company claiming PLN 500,000 pays PLN 25,000 upfront. This fee is recoverable from the losing party, but it must be paid before the court accepts the filing.

After filing, the court issues a service order. Serving a Ukrainian defendant from Poland – or a Polish defendant when the Ukrainian company needs to notify them abroad – requires compliance with the Hague Service Convention, to which both Poland and Ukraine are parties. Service abroad typically adds 60 to 120 days to the timeline. Plan for this from day one.

We secured a reversal of a contractual penalty exceeding PLN 1.8m for a Ukrainian logistics company with operations in the Mazowieckie region (autumn 2025). The key was filing for an interim payment order (nakaz zapłaty) within the first week of the dispute, before the Polish counterparty had time to transfer assets.

First-instance proceedings in Warsaw commercial courts currently average 14 to 18 months for straightforward contract disputes. Complex cases involving expert witnesses or cross-border evidence can run to 30 months. Appeals to the Court of Appeal (Sąd Apelacyjny) add another 12 months on average. Personal liability of directors for company debts – a separate but related risk – can arise if enforcement against the company fails; this is a scenario that forfeits the claimant's practical recovery even after winning on the merits.

For advice on building a sanctions-compliant internal structure before disputes arise, see our guide on compliance programme design for Ukraine subsidiaries in Poland.

What are the enforcement options after winning a judgment or award?

Winning a judgment is not the end. Enforcement is where disputes are actually resolved – or where victory becomes hollow. Ukrainian companies must understand three distinct enforcement tracks in Poland.

First, Polish court judgments are immediately enforceable in Poland once declared enforceable (klauzula wykonalności). The court bailiff (komornik sądowy) executes against bank accounts, receivables, and real property. Bailiff fees are regulated: the standard fee is 10% of the recovered amount, subject to a minimum of PLN 200 and a cap of PLN 50,000 per case. Enforcement proceedings typically conclude within 3 to 9 months if the debtor has identifiable Polish assets.

Second, Polish court judgments are enforceable across EU member states under the Brussels I Recast Regulation without a separate exequatur procedure. A Ukrainian company that wins in Warsaw can enforce directly in Germany, France, or any other EU state where the debtor has assets. This is a significant practical advantage over arbitration awards for intra-EU recovery.

Third, arbitration awards rendered in Poland are enforceable in over 170 countries under the 1958 New York Convention. Ukraine is a signatory. Enforcement in Ukraine against a Ukrainian-registered debtor follows Ukrainian civil procedure, and our Vetrov & Partners network has handled this route since 2009. For the reverse scenario – enforcing a foreign judgment in Poland – the step-by-step procedure is set out in our guide on enforcing a France judgment in Poland step by step, which illustrates the same framework applicable to judgments from other jurisdictions.

Our team obtained interim measures protecting assets worth over EUR 3.2m for a Ukrainian investor's subsidiary in Lower Silesia (spring 2026). The application was filed within 48 hours of the counterparty signalling insolvency, preventing an irreversible dissipation of assets before the main proceedings began.

Sanctions compliance intersects with enforcement. If the debtor or its beneficial owner appears on EU, US, or UK sanctions lists, collecting from them – even after a court order – may require a licence from the Polish Financial Supervision Authority (KNF) or the relevant national competent authority. Skipping this check precludes lawful collection and exposes the Ukrainian company to its own sanctions liability.

What are the most common mistakes Ukrainian companies make in Polish disputes?

Most procedural failures in Polish disputes are avoidable. They stem from assumptions carried over from Ukrainian or other post-Soviet legal systems – assumptions that do not hold under the KPC.

The first and most damaging mistake is missing the limitation period (termin przedawnienia). Under Polish civil law, the general limitation period for commercial claims is three years from the date the claim became due. For claims under a sale contract, the period can be as short as two years. Once the limitation period expires, the debtor raises it as a defence and the claim is forfeited. No extension is available after the fact. This is the single most irreversible consequence in Polish commercial litigation.

The second mistake is failing to secure interim measures (zabezpieczenie roszczenia) before or at the start of proceedings. Polish courts can freeze bank accounts, prohibit asset transfers, and appoint a court administrator over disputed property – all before the main hearing. The application must demonstrate a credible claim and a risk that enforcement will be impossible without the measure. Ukrainian companies often wait too long, discovering that the Polish counterparty has already moved assets.

The third mistake involves KIO (National Appeals Chamber, Krajowa Izba Odwoławcza) deadlines in public procurement disputes. A KIO appeal must be filed within 10 days of the contracting authority's decision. This deadline is absolute. Ukrainian companies participating in Polish public tenders – a growing group since 2022 – frequently miss it while seeking internal approvals.

  • Check limitation periods immediately when a dispute arises – do not wait for negotiation to fail
  • File for interim measures within the first week if asset dissipation is a risk
  • Obtain certified Polish translations before filing, not after
  • Verify the counterparty's KRS entry to confirm registered seat and authorised signatories
  • Run a sanctions screening on all parties before engaging Polish counsel

A fourth, subtler error is underestimating the evidentiary standard for commercial damages. Polish courts require documentary proof of actual loss. Estimates and management accounts alone do not satisfy the standard. Ukrainian companies should preserve all correspondence, delivery records, and invoices from the moment a dispute looks likely – not after it crystallises.

If your company's situation involves any of these risk factors, specific legal assessment is needed before the window for protective action closes. Contact info@kordeckipartners.com for an initial review.

To receive an expert assessment of your dispute exposure in Poland, contact info@kordeckipartners.com. We will review your contract, identify limitation risks, and advise on the most cost-effective forum within five working days.

Frequently asked questions

Q: Can a Ukrainian company sue in Poland without a Polish-registered entity?

A: Yes. Foreign companies, including Ukrainian entities, have full standing before Polish courts and arbitral institutions without needing a Polish branch or subsidiary. The Ukrainian company files through Polish counsel, who must be an advocate (adwokat) or legal counsel (radca prawny) admitted in Poland. Power of attorney must be notarised and, depending on the document, apostilled under the Hague Convention. Budget two to three weeks for document legalisation before filing.

Q: How much does commercial litigation in Poland typically cost, and who pays?

A: Court fees are 5% of the claim value, capped at PLN 200,000. Legal fees for first-instance proceedings in a mid-complexity commercial case range from PLN 20,000 to PLN 80,000, depending on the number of hearings and the volume of evidence. Under the Polish fee-shifting regime, the losing party reimburses the winner's costs – but reimbursement is capped at statutory rates set by the Minister of Justice, which often fall below actual market rates. Arbitration before the Court of Arbitration at the Polish Chamber of Commerce involves registration fees starting at approximately 3% of the claim value, plus arbitrators' fees.

Q: Is it a misconception that arbitration is always faster than Polish court litigation?

A: It is a common misconception. Arbitration is faster on average, but the gap narrows in straightforward cases. Warsaw commercial courts have dedicated fast-track procedures for payment orders (nakaz zapłaty) where the claim is documented by an invoice or bill of exchange. A payment order can be obtained in two to four weeks without a hearing. The debtor then has two weeks to file an objection. If no objection is filed, the order becomes immediately enforceable. For undisputed or lightly disputed debts, this route is faster and cheaper than arbitration.

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, cross-border enforcement, and sanctions compliance. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. Our Ukrainian Desk, operating in partnership with Vetrov & Partners since 2009, supports Ukrainian companies at every stage of Polish proceedings – from forum selection through to enforcement in Ukraine. 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.