ARBITRATIONIN POLAND

Maciej ŁaszczukJustyna Szpara

Rafał Morek

Agenda:

Hypothetical dispute ‘Sour Apples Case’ What is arbitration? How to start arbitration? Arbitration agreement Arbitrators Arbitral proceedings: time, location,

language Written submissions, hearing and evidence Arbitral award Enforcement

Hypothetical dispute ‘Sour Apples Case’

What is arbitration?

What are the benefits of arbitration? What is difference between arbitration and

litigation or mediation? What types of disputes can be arbitrated? Are there any international standards

applicable to arbitration in Poland?

How to start arbitration?

Where to find relevant information on arbitration services?

What is the difference between institutional arbitration and ad hoc arbitration?

Which arbitration court to choose? Should we decide on arbitration before or after

a dispute arises?

Arbitration agreement:

Which elements are necessary? Which are optional? Individually drafted or standardized

agreement? Does it require any specific form?

Arbitration agreement:

Example – Court of Arbitration at the Polish Chamber of Commerce in Warsaw:

All disputes arising out of or in connection with this contract shall be settled by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw pursuant to the Rules of this Court binding on the date of filing the statement of claim.

Arbitrators:

Who serves as an arbitrator? Which professional and personal criteria are

relevant? How do I choose an arbitrator? What does a party do if it is required to

nominate an arbitrator, but does not know who to nominate?

Arbitral proceedings: Time, location, language:

How long does the average arbitration last? Where does it take place? In which language are the arbitral proceedings

conducted?

Written submissions, hearings and evidence:

What are the main steps in the arbitral proceedings?

How many written submissions and arbitral hearings are to be expected?

How do arbitrators gather evidence?

Arbitral award:

What is an arbitral award? Is an arbitral award based on law or equity? Is it possible to sign an settlement

agreement?

Enforcement:

Are arbitral awards internationally enforceable?

Are the arbitral awards rendered in Poland enforceable in the US?

Are the arbitral awards subject to judicial control?

Q&A