WHY WAS THE ARBITRATION COURT ESTABLISHED?

Entrepreneurs have problems with recovery proceedings concerning their receivables conducted at courts of law. This results from high court fees, but mainly from formalities and length of the court proceedings. Therefore, a possibility to settle one’s claims at arbitration courts is an interesting alternative. To provide companies with this alternative, the Chamber established a permanent Arbitration Court. Everybody can use it, not only PIGMiUR members.

ADVANTAGES OF ARBITRATION PROCEEDINGS:

• The arbitration court can settle a claim much faster than a common court of law.
• Usually, costs of a ruling by the arbitration court are lower than costs associated with a process before a common court of law.
• When proceeding the claim, the arbitration court (contrary to the common court of law) does not have to strictly adhere to rules of substantive and procedural law but may base its ruling also on principles of equity and/or good faith, or on specific customs, using own course of proceedings resulting, for example, from terms and conditions of the permanent arbitration court. In consequence, the proceedings are simpler.
• The arbitration courts may settle a dispute according to its specificity to a larger extent than common courts of law as normally persons nominated as arbiters have an extensive professional knowledge in a field to which the dispute refers.
• In accordance with international conventions and agreements signed by the Republic of Poland, rulings of arbitration courts have a full legal effect also outside the borders of our country. This is of particular importance when business is conducted with foreign countries.

HOW TO USE THE ARBITRATION COURT?

To use the arbitration court, parties must file for arbitration. For this purpose an arbitration clause should be included in an agreement concluded by those parties. Nearly all disputes concerning property can be referred to an arbitration court.