Business Litigation in Poland

About

Business dispute resolution is one of our core specialisms. We understand how far business disputes remain from business as usual and how important it is for businesses, their owners and managers to manage the dispute properly.

This is why we complement our day-to-day advice to national and international business with specialized litigation support. The goal of our litigation team is:

  • prevention of disputes, e.g. through an in-house anti-litigation service;
  • support for companies in process risk analysis and management;
  • taking over the complete management of a dispute, including support in internal processes (e.g. acquisition of evidence, information and communication flow);
  • defence of companies’ interests against unfair claims;
  • in-court and out-of-court settlement of claims;
  • handling mass claims.

Our lawyers successfully advise Polish and international companies in disputes of a unique nature or significant complexity. We represent our clients’ interests before courts of all instances, arbitration tribunals and international organizations.

Our unique substantive expertise enables us to deliver the highest level of litigation service to our clients. From strategic disputes to significant commercial matters to handling mass claims, our clients appreciate us for our efficiency, the quality of the solutions we create and our confidence in handling each case well.

In terms of matters related to business litigation in Poland, Kopeć & Zaborowski Law Firm offers also:

  1. Comprehensive representation of foreign businesses in disputes before Polish courts and the Polish Supreme Court;
  2. Advisory on disputes with Polish counterparties;
  3. Award enforcement in Poland and against Polish entities;
  4. Asset recovery in Poland.

Our firm has successfully executed numerous high-profile projects in the field of business litigation, demonstrating our expertise and commitment to excellence. Some of our key projects include:

  • Representation of one of the top companies in the field of business consulting in multiple cases involving unfair competition practices conducted by the firm’s former employees. The claims involve launching of a competitive business using company’s know-how, confidential information, trade secrets, business model, strategy and contacts.
  • Representation of an international grain distributor in a series of arbitration proceedings regarding sales transactions with European clients. The case is adjudicated before GAFTA arbitration tribunal with numerous questions surrounding representation, validity of the arbitration agreement, jurisdiction, applicable law, termination and performance of the agreement.
  • Representation of one of leading software development companies in a series of lawsuits regarding services performed by the company, including Poland’s biggest IT projects.
  • Representation of investment funds and private owners of assets located in Poland in post M&A disputes and asset recovery disputes.

Read more...

Any questions?

Maciej Trąbski

Partner, Attorney at law, Head of Commercial & Regulatory Disputes Department

+ 48 690 300 257

FAQ

What types of disputes are considered “business litigation” in Poland?

Business litigation in Poland covers all disputes that arise in the course of commercial activities. Typical examples include:

  • Contractual disputes – for example, delayed delivery, poor performance, or breach of sales, supply, or distribution agreements.
  • Shareholder and corporate disputes – conflicts over voting rights, profit distribution, validity of shareholder resolutions, or allegations of mismanagement.
  • Unfair competition and IP matters – including disputes over brand misuse, violation of trade secrets, misleading advertisements, or unlawful market practices.
  • Debt collection cases – pursuing unpaid invoices for goods or services provided.
  • M&A and investment disputes – disagreements following mergers, acquisitions, or joint ventures, especially between Polish and foreign investors.

These disputes are generally heard in the commercial divisions of Polish courts, and they make up a significant portion of the caseload in larger business centers like Warsaw, Kraków, and Wrocław.

Which courts in Poland handle business litigation?

Poland has a clear system of courts competent to deal with business disputes. Depending on the type and value of the claim:

  • District Courts (Sąd Rejonowy) – handle lower-value disputes, typically up to PLN 100,000. They are often first instance for small- and medium-sized business cases.
  • Regional Courts (Sąd Okręgowy) – competent for claims above PLN 100,000 and for more complex disputes, such as shareholder actions or challenges to corporate resolutions.
  • Court of Appeals (Sąd Apelacyjny) – reviews judgments issued by regional courts in second instance proceedings.
  • Supreme Court (Sąd Najwyższy) – deals with extraordinary cassation complaints, focusing only on points of law, not facts.
  • Specialised Courts – since 2020, Poland also has designated Intellectual Property Courts dealing with IP and unfair competition disputes.

This structure ensures both specialisation and multi-level review, while also allowing certain disputes to be escalated to the EU level (EU Court of Justice) when EU regulations are in question.

What is the typical duration of business litigation in Poland?

The timeframe of litigation depends on complexity, workload of the court, and whether appeals are filed. General estimates:

  • First instance proceedings – usually take 12–24 months, depending on the court’s caseload and the amount of evidence.
  • Appeals – add another 12–18 months, as appellate courts conduct a full review of evidence and legal arguments.
  • Supreme Court cassation – if admitted, may prolong proceedings by 1–2 additional years.
    Factors likely to extend proceedings include:
  • Large volumes of documentary evidence, especially in financial or accounting-heavy disputes.
  • Appointment of court experts, whose written opinions are often decisive but take many months to prepare.
  • Uncooperative witnesses or the need for international service of documents.

In practice, multi-stage disputes can last 3–5 years from start to final enforcement, which is why many businesses explore arbitration and mediation alternatives.

What are the main steps of a business litigation case in Poland?

Polish litigation follows a structured civil procedure:

  • Filing the claim – initiation requires a written lawsuit, description of claims, evidence, and payment of a court fee.
  • Court service and response – the defendant files a formal reply and may raise counterclaims or procedural objections.
  • Preliminary session – the court defines the subject of the dispute (issues in dispute, evidence to be admitted).
  • Hearings – where parties, witnesses, and experts give oral testimony; hearings are increasingly hybrid (on-site and remote).
  • Evidence and expert reports – often decisive in complex financial or technical disputes.
  • Judgment – after hearings are closed, the court issues its decision with reasoning.
  • Appeals – each party may appeal a first instance judgment; cassation to Supreme Court is available only on important legal grounds.

This process is adversarial but also strongly document-driven, meaning well-prepared contracts and business records are often decisive.

What are the costs of business litigation in Poland?

Costs depend on claim value, legal strategy, and whether experts are needed. Typical expenses include:

  • Court fees – up to 5% of claim value, capped at PLN 200,000 (approx. EUR 44,000). Smaller claims may have lower fixed fees.
  • Attorney fees – can be hourly or flat, depending on complexity and value. Large law firms handling cross-border disputes typically charge international rates.
  • Expert witness costs – in technical, financial, or construction disputes, expert fees may represent a large portion of litigation costs.
  • Interpreter and translation costs – required when evidence or testimony is in a foreign language.

The principle of “loser pays” applies: the losing side typically reimburses the winning side’s legal costs, but only up to statutory limits, which rarely cover actual attorney fees in high-value litigation.

Is mediation or arbitration available as an alternative to litigation in Poland?

Yes, and both are increasingly popular in complex commercial disputes:

  • Mediation:
    • Voluntary but may also be suggested by the court before or during proceedings.
    • Confidential and flexible — offers creative solutions beyond monetary compensation.
    • Settlements reached in mediation can be approved by courts and become enforceable like a judgment.
  • Arbitration:
    • Common in large commercial or international disputes, especially where neutrality and speed matter.
    • Poland has several respected arbitration centres, e.g., the Court of Arbitration at the Polish Chamber of Commerce.
    • Final awards are binding and enforceable both in Poland and abroad (thanks to the 1958 New York Convention).

For cross-border investors, arbitration is often preferred, as it provides an internationally recognised enforcement mechanism and avoids domestic backlog.

What enforcement mechanisms exist for court judgments?

Enforcement of a judgment in Poland is a separate process carried out by court bailiffs (komornik). Mechanisms include:

  • Bank account seizure – bailiffs can instruct banks to freeze and transfer debtor’s funds.
  • Salary or receivables garnishment – debtor’s wages or payments from contractors may be seized.
  • Property seizure – real estate, vehicles, or company equipment can be auctioned.
  • Compulsory mortgage – a registered mortgage can be imposed on the debtor’s property to secure future payments.
  • Foreign judgment enforcement – EU judgments are recognised directly under EU regulations, while non-EU judgments must undergo an exequatur (recognition process).

Effective enforcement depends heavily on whether the debtor has assets located in Poland.

Can foreign companies sue or be sued in Poland?

Yes, Polish courts frequently deal with cases involving foreign companies. Key information:

  • Jurisdiction depends on EU law, bilateral treaties, and Polish procedural rules. Contracts often include jurisdiction clauses specifying Poland as the forum.
  • Documentation – foreign companies must submit trade register excerpts, powers of attorney, and other corporate documents, typically with sworn Polish translations.
  • Representation – although not always mandatory, appointing a local Polish attorney is highly recommended, as litigation is conducted in Polish and follows strict procedural rules.
  • Cross-border litigation – EU laws facilitate service of documents and enforcement, making Poland an effective jurisdiction for pursuing claims against Polish contractors.

What are the risks for businesses involved in litigation in Poland?

Commercial litigation creates several risks beyond the core financial exposure:

  • Time and disruption – proceedings may last years, requiring active involvement from management for testimony and strategy input.
  • Costs – while partial reimbursement is possible, a winning party often cannot fully recover substantial foreign counsel or expert fees.
  • Publicity – hearings are public, unless confidentiality is justified, which can damage business image.
  • Reputational harm – disputes with business partners, shareholders, or regulators may affect brand trust.
  • Unpredictability – despite a developed judiciary, complex disputes may result in unpredictable outcomes, especially where expert reports conflict.

Businesses should weigh these risks when deciding whether to litigate or seek settlement.

What strategies help businesses manage litigation effectively in Poland?

Experienced legal teams often recommend combining legal and business risk management:

  • Early risk assessment – evaluate chances of success, potential costs, and settlement options before filing or responding to a lawsuit.
  • Evidence strategy – Polish courts rely heavily on documents; maintaining proper contracts, invoices, and correspondence is essential.
  • Use of ADR – considering mediation or arbitration can save years of litigation.
  • Engage specialised counsel – local lawyers familiar with litigation culture, procedural nuances, and sector-specific issues are invaluable.
  • Budgeting and planning – align litigation strategy with financial planning, accounting for potential enforcement expenses.
  • Communication control – in disputes that risk media coverage, prepare internal and external communication strategies to protect reputation.