Amendments to the arbitration rules of the National Chamber of Commerce
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
The Arbitration Council of the Court of Arbitration at the Polish Chamber of Commerce has drafted a new set of arbitration rules.
An analysis of the draft indicates significant changes to the arbitration proceedings, which are intended to simplify and speed up the proceedings. First and foremost, the new Arbitral Tribunal, which is to replace the previously adjudicating Arbitral Tribunal, gains in the draft new Rules a great deal of freedom in the conduct of the proceedings, allowing for a more flexible approach to the cases under consideration.
The increase in the Tribunal’s freedom includes the possibility of independently choosing the applicable law to be applied if the parties have not previously determined this. The rule that Warsaw is the default venue for proceedings and Polish is the default language of proceedings has been abolished, whereby the Tribunal determines the language of proceedings and the place where they will be conducted after consulting the parties.
Regarding the simplification and acceleration of proceedings, the Tribunal will be able to decide that procedural documents will be served exclusively electronically, and consent from the parties will not be required for this purpose, as was the case previously. The introduced changes also include increasing the number of cases decided by a sole arbitrator, which will become possible thanks to raising the value of the subject matter of the dispute (WPS) from PLN 40,000 to as much as PLN 100,000. Additionally, an early determination procedure has been introduced for obviously well-founded or groundless cases, and the requirement that a judgment should be issued within a specified period has been shortened from 9 to 6 months from the day of the Arbitration Tribunal’s appointment.
The proposed changes are not only a step towards increasing the efficiency and improvement of arbitration proceedings, but also meeting the expectations of arbitration users regarding the Arbitration Court. Meeting these expectations is not only a challenge, but also an opportunity for the Arbitration Court to strengthen its position and ensure that arbitration remains an attractive alternative to common courts.
Below, we present the most important changes in relation to current regulations.
|
Arbitration Panel / Arbitration Tribunal |
|
|---|---|
| Current Regulation | New Regulation Draft Assumptions |
| The dispute is resolved by an Adjudicating Panel appointed in accordance with the Regulations. The adjudicating panel consists of three arbitrators, including a presiding arbitrator (§ 1 para. 3). | The dispute is resolved by an Arbitration Tribunal consisting of a sole arbitrator or a greater number of arbitrators (§ 2). |
|
Jurisdiction of the Adjudicating Panel / Arbitration Tribunal |
|
| Current Regulation | New Regulation Draft Assumptions |
| The Adjudicating Panel has jurisdiction if:
1. the parties are bound by an arbitration clause subjecting disputes to resolution based on the Regulations, 2. the defendant, to whom a copy of the claim together with the plaintiff’s request for dispute resolution based on the Regulations was served, expressed consent in the appropriate form (§ 3 para. 1). |
[lack of provisions indicating specific circumstances in which the Arbitration Tribunal has jurisdiction to resolve the dispute; the Arbitration Tribunal decides on its jurisdiction and examines the existence, validity and effectiveness of the arbitration clause] |
| An objection to the lack of jurisdiction of the Arbitration Tribunal may be raised no later than in the response to the claim (§ 3 para. 3). | An objection to the lack of jurisdiction of the Arbitration Tribunal may be raised by the defendant no later than in the response to the request for arbitration, and by the plaintiff no later than in the first pleading after filing a counterclaim. An objection that a claim filed during proceedings by the other party exceeds the scope of the arbitration clause may be filed no later than in the first pleading after filing the claim (§ 3 para. 2). |
| [lack of provision on determining jurisdiction by the Arbitration Tribunal on its own initiative] | If the defendant does not enter into the dispute, the Arbitration Tribunal will determine its jurisdiction on its own initiative (§ 3 para. 2). |
|
Regulations |
|
| Current Regulation | New Regulation Draft Assumptions |
| Possibility for parties to agree on different procedural rules than those arising from the Regulations, except for exceptions that cannot be subject to different agreements (§ 4 para. 2). | [lack of provisions on the possibility for parties to agree on different procedural rules] |
| Principle of Due Diligence | |
| Current Regulation | New Regulation Draft Assumptions |
| Obligation of the Arbitration Court and the Adjudicating Panel to perform actions with due diligence, including striving for effectiveness and enforceability of judgments (§ 5 para. 1). | [lack of provision on due diligence]
Obligation of the Arbitration Tribunal to issue a judgment that can be executed or recognized (§ 6 para. 3). |
|
Basis for Dispute Resolution |
|
| Current Regulation | New Regulation Draft Assumptions |
| In the absence of indication, the law that is most closely connected to the legal relationship under consideration is applied (§ 6 para. 1). | If the parties have not chosen the law, the law that the Arbitration Tribunal deems appropriate is applied (§ 5 para. 1). |
| In each case, the Adjudicating Panel takes into account the provisions of the contract linking the parties and the established customs applicable to the given legal relationship (§ 6 para. 4). | |
|
Language of Proceedings |
|
| Current Regulation | New Regulation Draft Assumptions |
| In the absence of party agreement, the language of proceedings is Polish (§ 13 para. 1). | If the parties do not agree on the language of proceedings, the Arbitration Tribunal will establish it after consulting the parties (§ 8 para. 1). |
| [lack of provisions on specifying the language of communication] | Communication between the Arbitration Court and the parties and between the Arbitration Court and arbitrators takes place in Polish or English (§ 8 para. 3). |
|
Place of Proceedings |
|
| Current Regulation | New Regulation Draft Assumptions |
| If the parties have not decided otherwise, the place of proceedings is the capital city Warsaw (§ 14 para. 1). | If the parties do not agree on the place of proceedings, the Arbitration Tribunal will establish it after consulting the parties (§ 9 para. 1). |
| [lack of possibility to conduct deliberations or other activities using remote communication means] | The Arbitration Tribunal may decide that deliberations or other activities will be conducted using remote communication means (§ 9 para. 2). |
|
Service |
|
| Current Regulation | New Regulation Draft Assumptions |
| The Adjudicating Panel may decide that documents will be served with the consent of the parties exclusively by electronic mail (§ 11 para. 7). | The Arbitration Tribunal may decide that documents will be served exclusively by electronic mail (§ 10 para. 2). |
| In the document, the party confirms the fact of its service or sending to the other party (§ 11 para. 6). | [lack of obligation for the party to confirm the fact of service or sending to the other party] |
| A document sent by electronic mail or in another way using remote communication means is considered served on the day of its sending, unless the document did not reach the addressee (§ 11 para. 10). | A document sent by electronic mail or using other remote communication means is considered served on the day of its sending (§ 10 para. 3). |
|
Deadlines |
|
| Current Regulation | New Regulation Draft Assumptions |
| Postponement of the deadline if the next day after the day of service of the document is a state holiday or another day off from work (§ 11 para. 2). | Postponement of the deadline if the next day after the day of service of the document is a day off from work in the state in which the document is to be served (§ 11 para. 2). |
| [lack of general authority of the Director General to suspend, extend and restore deadlines set out in the Regulations or which he himself designated] | The Director General may, for important reasons, suspend, extend and restore deadlines set out in the Regulations and deadlines which he designated (§ 11 para. 3). |
|
Change of Attorney |
|
| Current Regulation | New Regulation Draft Assumptions |
| [lack of provision on the obligation to notify about a change of attorney] | Obligation to immediately notify the Arbitration Tribunal, the Arbitration Court and the other party about a change of attorney (§ 12 para. 1). |
| [lack of provision on the possibility of excluding an attorney] | The Arbitration Tribunal may exclude an attorney from participation in proceedings after consulting the parties, in order to remove a conflict of interest (§ 12 para. 2). |
|
Impartiality and Independence or Duties of an Arbitrator |
|
| Current Regulation | New Regulation Draft Assumptions |
| In the statement of acceptance of the arbitrator’s function, the arbitrator undertakes to properly perform the duties of an arbitrator (§ 15 para. 3). | [lack of obligation for the arbitrator to include in the statement an undertaking to properly perform duties] |
| The Director General immediately serves to the parties and other arbitrators copies of the arbitrator’s written statement of acceptance of function (§ 15 para. 5). | [lack of obligation for the Director General to immediately serve to parties and other arbitrators copies of the arbitrator’s written statement of acceptance of function] |
| In case of refusal to accept the arbitrator’s function, the person designated to perform this function notifies the Director General immediately in writing (§ 15 para. 8). | [lack of obligation to immediately notify the Director General in writing about refusal to accept the arbitrator’s function] |
| List of Arbitrators | |
| Current Regulation | New Regulation Draft Assumptions |
| Rules for creating the List of Arbitrators and appointing arbitrators (§ 16). | [lack of provisions on the list of arbitrators – paragraph removed] |
| Restrictions on Performing the Function of Arbitrator and Party Attorney | |
| Current Regulation | New Regulation Draft Assumptions |
| Deputy Directors General cannot perform the function of arbitrator, and also cannot act as party attorneys (§ 17 para. 1 and 2). | [in the new regulation draft, no mention of the function of Deputy Director General] |
| Number of Arbitrators | |
| Current Regulation | New Regulation Draft Assumptions |
| The dispute is resolved by a sole arbitrator if the value of the subject matter of the dispute does not exceed PLN 40,000, unless the parties agreed to have the dispute heard by the Adjudicating Panel, and also if the parties so agreed and when due to the circumstances of the case or justified request of a party, the Arbitration Council so decided (§ 18 para. 2) | The dispute is resolved by a sole arbitrator if the value of the subject matter of the dispute does not exceed PLN 100,000 (§ 15 para. 3). |
| Appointment of Arbitrators | |
| Current Regulation | New Regulation Draft Assumptions |
| The Director General sends the List of Arbitrators to the parties and calls upon each of them to appoint one arbitrator within a designated period, not shorter than 14 days. When calling upon the defendant to appoint an arbitrator, the Director General notifies him of the appointment of an arbitrator by the plaintiff (§ 19 para. 1). | The plaintiff appoints an arbitrator in the request for arbitration, and the defendant appoints an arbitrator no later than on the last day of the deadline for filing a response to the request for arbitration (§ 16 para. 1). |
| [lack of procedure for appointing an arbitrator dependent on the value of counterclaim or set-off objection of the subject matter of dispute] | If after taking into account the value of counterclaim or set-off objection the value of the subject matter of dispute exceeds PLN 100,000, the Director General calls upon each party to appoint one arbitrator within a period not shorter than 7 days, unless the parties agreed that the dispute should be resolved by a sole arbitrator (§ 16 para. 2). |
| The Director General calls upon the arbitrators to appoint within 14 days a presiding arbitrator (§ 19 para. 2). | The Director General calls upon the arbitrators to jointly appoint a presiding arbitrator within a period not shorter than 7 days (§ 16 para. 3). |
| Upon request of the arbitrators, submitted before the deadline expires, the Director General for important reasons may extend this deadline by no more than 14 days (§ 19 para. 2). | The Director General may for important reasons suspend, extend and restore deadlines set out in the Regulations and deadlines which he designates (§ 11 para. 3). |
| If a party filed for exclusion of an arbitrator before appointing a presiding arbitrator, the deadline for appointing a presiding arbitrator starts running anew from the day of notifying the arbitrators about dismissal of the exclusion request (§ 19 para. 2). | [lack of provisions on starting the deadline for appointing an arbitrator anew if a party filed for exclusion of an arbitrator before appointing a presiding arbitrator] |
| If the dispute is to be resolved by a sole arbitrator, the Director General calls upon the parties to agree and appoint an arbitrator within 14 days (§ 19 para. 3). | If the dispute is to be resolved by a sole arbitrator, the Director General calls upon the parties to jointly appoint him within a period not shorter than 7 days (§ 19 para. 3). |
| If the parties agreed that an arbitrator or presiding arbitrator should be appointed by a third person, and this person did not make the appointment within the deadline designated by the parties, or if the parties did not specify a deadline, the Director General calls upon this person to make the appointment within a period not shorter than 14 days from the call (§ 19 para. 4). | If the parties agreed that an arbitrator should be appointed by a third person, the Director General calls upon them to appoint him within a period not shorter than 7 days, unless the parties agreed on another deadline (§ 16 para. 5). |
| [lack of authority of the Arbitration Council to recall an arbitrator appointed by the other party and appoint arbitrators for both parties] | In particularly justified cases, the Arbitration Council may recall an arbitrator appointed by the other party and appoint arbitrators for both parties (§ 16 para. 8). |
| A party may appoint a substitute arbitrator in case of refusal to accept the function or expiration of the arbitrator’s mandate (§ 19 para. 6). | [lack of provisions on substitute arbitrator] |
| In case of refusal to accept the function by an arbitrator or failure to submit a statement, the Director General again calls upon the party, parties or arbitrators to designate an arbitrator, within a designated deadline, not shorter than 14 days (§ 19 para. 7). | In case of refusal to accept the function by a person appointed as arbitrator by a party, parties, arbitrators or third person, the Director General calls upon the party, parties, arbitrators or third person to appoint another arbitrator within a period not shorter than 7 days (§ 16 para. 9). |
| Substitute Nomination of Arbitrators | |
| Current Regulation | New Regulation Draft Assumptions |
| The Arbitration Council appoints an arbitrator from among persons listed on the List of Arbitrators. However, it may appoint an arbitrator from outside the List of Arbitrators, especially if this is justified by the special nature of the dispute, the will of the parties or the arbitrator’s qualifications (§ 20 para. 2). | [lack of provisions on the obligation to appoint an arbitrator from among persons listed on the List of Arbitrators and exceptions to this obligation, in connection with the removal of provisions on the List of Arbitrators and substitute nomination] |
| Exclusion of Arbitrator | |
| Current Regulation | New Regulation Draft Assumptions |
| A party, filing a request for exclusion of an arbitrator, provides circumstances justifying the request (grounds for exclusion), together with copies for the other party and arbitrators (§ 22 para. 2). | [lack of obligation to indicate circumstances justifying the request for exclusion of an arbitrator]
A party may file with the Arbitration Council through the Director General for exclusion of an arbitrator within 14 days from the day of learning about the grounds for exclusion (§ 17 para. 2). |
| If the Chairman of the Arbitration Council deems it appropriate, he may enable the remaining arbitrators to take a position regarding the request (§ 22 para. 6) | Arbitrators and the other party may take a position on the request for exclusion of an arbitrator within 14 days from the day of service of a copy of the request (§ 17 para. 3). |
| If the request for exclusion concerns more than one arbitrator, the Arbitration Council issues a separate decision regarding each arbitrator (§ 22 para. 7). | [lack of provision on the obligation of the Arbitration Council to issue a separate decision regarding each arbitrator if the request for exclusion concerns more than one arbitrator] |
| Resignation and Recall of Arbitrator | |
| Current Regulation | New Regulation Draft Assumptions |
| Parties recalling an arbitrator submit to the Director General concordant written statements (§ 23 para. 2). | Parties recalling an arbitrator submit a statement to the arbitrator and to the Director General (§ 18 para. 2). |
| In case of double resignation or recall by the parties or Arbitration Council of an arbitrator appointed by the same party, the other party may, within 7 days from the day it learned about the resignation or recall of the arbitrator, demand substitute appointment of an arbitrator for that party by the Arbitration Council. […] (§ 23 para. 4) | […] However, in case of double resignation, exclusion or recall of an arbitrator appointed by the same party, by arbitrators or third person, the next arbitrator is appointed by the Arbitration Council. In case of death, resignation, exclusion or recall of an arbitrator appointed by the Arbitration Council, the next arbitrator is appointed by the Arbitration Council (§ 19 para. 1). |
| Expiration of Arbitrator’s Mandate | |
| Current Regulation | New Regulation Draft Assumptions |
| If after the end of evidence proceedings the mandate of an arbitrator appointed by a party expired, or the arbitrator does not perform actions resulting from the performed function, the Arbitration Council may decide that the dispute will be resolved by the remaining arbitrators forming part of the Adjudicating Panel (§ 21 para. 3). | If an arbitrator’s mandate expired after the hearing, the Arbitration Council may decide that the dispute will be resolved by the remaining arbitrators (§ 19 para. 3) |
| Initiation of Proceedings | |
| Current Regulation | New Regulation Draft Assumptions |
| Proceedings may be initiated by filing with the Arbitration Court a claim or request for arbitration (§ 24). | Proceedings may be initiated exclusively by filing a request for arbitration (§ 20). |
| Request for Arbitration | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of provisions on formal requirements of request for arbitration, and instead provisions on formal requirements of claim (§ 25 para. 1-3)] | Formal requirements of request for arbitration (§ 21 para. 1 – 2). |
| Arbitration Fee and Deficiencies in Request for Arbitration | |
| Current Regulation | New Regulation Draft Assumptions |
| Deadline in which the Director General calls upon the plaintiff to pay the arbitration fee – not shorter than 14 days (§ 26 para. 1). | Deadline in which the Director General calls upon the plaintiff to pay the arbitration fee – not shorter than 7 days (§ 22 para. 1). |
| Deadline for supplementing deficiencies – not shorter than 14 days (§ 26 para. 2). | Deadline for supplementing deficiencies – not shorter than 7 days (§ 22 para. 2). |
| Authority of the Director General to call upon the plaintiff to designate an arbitrator if not indicated in the claim (§ 26 para. 4). | [lack of authority to call upon the plaintiff to designate an arbitrator] |
| Authority of the Director General to immediately draw the plaintiff’s attention in case of doubts of the Adjudicating Panel regarding its jurisdiction to resolve the dispute and call upon him to take a written position within a designated deadline, not longer than 14 days (§ 26 para. 5). | [lack of authority of the Director General to draw the plaintiff’s attention and call upon him to take a position in case of doubts of the Arbitration Tribunal regarding jurisdiction] |
| Authority of the Director General to call upon the plaintiff to supplement the claim in case the plaintiff maintains the request for dispute resolution by the Adjudicating Panel (§ 26 para. 5). | [lack of authority of the Director General to call upon the plaintiff to supplement the claim in case the plaintiff maintains the request for dispute resolution] |
| Response to Claim/Request for Arbitration | |
| Current Regulation | New Regulation Draft Assumptions |
| In a justified case, the Director General may, upon request of the defendant, filed before the expiration of this deadline, extend the deadline for filing a response to the claim (§ 27 para. 1). | The Director General may for important reasons suspend, extend and restore deadlines set out in the Regulations and deadlines which he designates (§ 11 para. 3). |
| [lack of provisions on the obligation to file a response to claim in a specific form – paper and electronic] | Response to request for arbitration should be filed in paper version and electronic version (§ 23 para. 2). |
| [lack of provisions on formal requirements of response to request for arbitration, and instead provisions on formal requirements of response to claim (§ 25 para. 3-5)] | Formal requirements of response to request for arbitration (§ 23 para. 2 and 3). |
| Third Party Funding Agreement | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of provisions on third party funding agreement] | Obligation to immediately inform the Arbitration Tribunal about the identity of the person funding the dispute (§ 24). |
| Counterclaim and Set-off | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of provision on the possibility of calling upon the defendant to supplement deficiencies within a period not shorter than 7 days] | If the document containing the counterclaim does not meet the requirements referred to in para. 2 first sentence, the Arbitration Tribunal calls upon the defendant to supplement deficiencies within a period not shorter than 7 days (§ 25 para. 3). |
| [lack of provision on prerequisites for leaving counterclaim without consideration] | The Arbitration Tribunal leaves the counterclaim without consideration in case of:
1. failure to pay the registration or arbitration fee within the deadline, or 2. failure to supplement deficiencies in the document containing the counterclaim within the deadline regarding determination of the content of the counterclaim or indication of the value of the subject matter of dispute (§ 25 para. 4). |
| [lack of provision on legal effects of counterclaim left without consideration] | Counterclaim left without consideration does not produce legal effects (§ 25 para. 5). |
| [lack of provision on the possibility of filing a response to document containing counterclaim] | The plaintiff files a response to document containing counterclaim within 30 days from the day of service of this document, unless the Arbitration Tribunal designates another deadline (§ 25 para. 6). |
| [lack of provision on effects of failure to pay arbitration fee for set-off objection within deadline] | In case of failure to pay the arbitration fee for set-off objection within the deadline, the Arbitration Tribunal leaves this objection without consideration (§ 25 para. 7). |
| Consolidation of Proceedings | |
| Current Regulation | New Regulation Draft Assumptions |
| When issuing a decision on consolidation of proceedings, the Adjudicating Panel takes into account all relevant circumstances and is guided by the interests of the parties, including especially the need to ensure efficient conduct of proceedings (§ 9 para. 4). | [free decision of the Arbitration Tribunal on consolidation of proceedings – lack of specific prerequisites it should be guided by] |
| Third Party Intervention as a Party | |
| Current Regulation | New Regulation Draft Assumptions |
| The third party is obliged to notify in writing whether it wants to join the proceedings as a party (§ 10 para. 2). | The third party is obliged to indicate whether it wants to join the proceedings as a party (§ 28 para. 2) |
| Failure to pay arbitration and registration fees within the established deadline results in exclusion of the third party from participation in proceedings (§ 10 para. 5). | [lack of provision that failure to pay arbitration and registration fees results in exclusion of third party from participation in proceedings] |
| Early Determination | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of provisions on early determination] | A party may request early determination on any of the parties’ claims, objection or disputed issue, if:
1. its claim, objection or position on the disputed issue is obviously well-founded, or 2. the claim, objection or position of the other party on the disputed issue is obviously groundless (§ 29 para. 1). |
| The Arbitration Tribunal will designate a deadline for the other party to file a response to the request for early determination (§ 29 para. 2). | |
| When deciding on the request for early determination, the Arbitration Tribunal will take into account whether its granting will contribute to increasing speed and efficiency of proceedings or avoiding unnecessary costs (§ 29 para. 3). | |
| Interim Measures and Evidence Preservation | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of provision on the authority of the Adjudicating Panel to make interim measures conditional on the applicant providing security] | The Arbitration Tribunal may make interim measures conditional on the applicant providing security for the other party’s claims or performing another action by the applicant or third party (§ 30 para. 1). |
| Upon request of a party, the Adjudicating Panel may decide on evidence preservation if it is necessary due to the circumstances of the case (§ 30 para. 2). | Upon request of a party, the Arbitration Tribunal may decide on evidence preservation (§ 30 para. 2). |
| [lack of provision on the obligation to attach to the request for interim measures confirmation of payment of arbitration fee] | To the request for interim measures or request for evidence preservation, confirmation of payment of arbitration fee should be attached. In case of failure to pay the fee, the request is left without consideration (§ 30 para. 3). |
| [lack of provision on the lack of limitation of party’s right to file a request for interim measures or evidence preservation to state court] | Provisions on interim measures do not limit the party’s right to file a request for interim measures or request for evidence preservation to state court. The party that filed a request to court will notify the Arbitration Tribunal about the content of the decision immediately after its service (§ 30 para. 6). |
| Emergency Arbitrator | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of provisions on emergency arbitrator – new institution before constitution of Arbitration Tribunal, considers requests for interim measures or evidence preservation] | Most important provisions on emergency arbitrator: |
| Before appointment of the Arbitration Tribunal, a decision on interim measures or evidence preservation may be issued by an emergency arbitrator (§ 31 para. 1). | |
| A party may request interim measures or evidence preservation, simultaneously requesting appointment of an emergency arbitrator (§ 31 para. 2) | |
| The Arbitration Court immediately serves to the other party a copy of the request for interim measures or evidence preservation and appointment of emergency arbitrator (§ 31 para. 4). | |
| Response to the request for interim measures or evidence preservation and appointment of emergency arbitrator should be filed within 3 business days from the day of service to the other party of the request (§ 31 para. 5). | |
| The Arbitration Council appoints an emergency arbitrator within 3 business days from the day of filing the request for interim measures or evidence preservation and appointment of emergency arbitrator (§ 31 para. 6). | |
| A party may request exclusion of the emergency arbitrator within 2 business days from the day of learning about the grounds for exclusion (§ 31 para. 7). | |
| The emergency arbitrator issues a decision on interim measures or evidence preservation within 21 days from the day of transfer to him by the Arbitration Court of a copy of the request for interim measures or evidence preservation and appointment of emergency arbitrator (§ 31 para. 10). | |
| The emergency arbitrator cannot be an arbitrator in the case, unless the parties decide otherwise (§ 31 para. 11). | |
| Decisions of the emergency arbitrator do not bind the Arbitration Tribunal (§ 31 para. 12). | |
| Organizational Meeting and Organizational Order | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of provisions on organizational meeting and organizational order – new institution aimed at establishing deadlines for meetings and hearings undertaken in the course of future process] | The Arbitration Tribunal, after consulting the parties, will establish the date and agenda of the organizational meeting within 14 days from the day of its appointment, unless it deems conducting the meeting unnecessary (§ 32 para. 1). |
| The organizational meeting may be conducted using remote communication means (§ 32 para. 1). | |
| The Arbitration Tribunal will issue an organizational order within 7 days from the day of conducting the organizational meeting. If the organizational meeting was not conducted, the Arbitration Tribunal will issue an organizational order within 21 days from the day of its appointment (§ 32 para. 2). | |
| The subject of the organizational meeting and organizational order should include in particular a schedule of proceedings determining deadlines for filing documents by parties, presentation of evidence, hearing and anticipated deadline for issuing judgment (§ 32 para. 3). | |
| Extension and Withdrawal of Claim | |
| Current Regulation | New Regulation Draft Assumptions |
| The plaintiff may extend the claim until the hearing is closed, unless the Adjudicating Panel deems that extension of the claim would cause excessive prolongation of proceedings (§ 32 para. 1). | The plaintiff may extend the claim until the proceedings are closed, unless the Arbitration Tribunal sets another deadline or deems that extension of the claim will cause excessive prolongation of proceedings (§ 33 para. 1). |
| Extension of claim is subject to fee according to the Fee Schedule (§ 32 para. 4). | Parties pay fees to the Arbitration Court according to the fee schedule in force on the day of initiation of proceedings (§ 51). |
| Hearing | |
| Current Regulation | New Regulation Draft Assumptions |
| The Adjudicating Panel hears the dispute at a hearing (§ 34 para. 1). | A hearing is conducted if requested by a party or the Arbitration Tribunal deems it appropriate (§ 34 para. 1). |
| With the consent of the parties, the Adjudicating Panel may resolve the dispute without scheduling a hearing, based on parties’ allegations contained in their documents and documents or other evidence submitted by them, if it deems the dispute sufficiently clarified (§ 34 para. 1). | The Arbitration Tribunal may not conduct a hearing, despite a request for its conduct, if: (1) the value of the subject matter of dispute does not exceed PLN 100,000, (2) within early determination, (3) if the Arbitration Tribunal dismisses proceedings and decides on costs of proceedings or decides only on costs (§ 34 para. 1). |
| At the hearing, the Chairman of the Arbitration Council, Director General and member of the Arbitration Council may also be present (§ 34 para. 2). | [lack of indication of the possibility of presence at the hearing of the Chairman of the Arbitration Council, Director General and member of the Arbitration Council] |
| The hearing takes place on dates resulting from the schedule adopted by the Adjudicating Panel or designated by the presiding arbitrator (§ 34 para. 3). | The hearing takes place at the time and place determined by the Arbitration Tribunal after consulting the parties. The Arbitration Tribunal may determine the course of individual activities within the hearing and the time of each of them (§ 34 para. 3). |
| [lack of indication of the possibility of conducting a hearing in the form of videoconference] | The Arbitration Tribunal may, after consulting the parties, decide on conducting the hearing in the form of videoconference (§ 34 para. 7). |
| Before the hearing, the presiding arbitrator may issue orders aimed at preparing the hearing so that dispute resolution occurs in the shortest possible time (§ 34 para. 4). | [lack of authority of the presiding arbitrator to issue orders aimed at preparing the hearing] |
| The hearing is chaired by the presiding arbitrator (§ 34 para. 5). | [lack of express indication of who chairs the hearing] |
| [lack of freedom of the Arbitration Tribunal in determining the method of recording the course of the hearing – detailed regulation contained in the chapter on protocols] | The course of the hearing will be recorded in a manner determined by the Arbitration Tribunal (§ 34 para. 6). |
| Evidence | |
| Current Regulation | New Regulation Draft Assumptions |
| The party bears the burden of indicating evidence to prove facts from which it derives legal effects (§ 33 para. 1). | [lack of provision on burden of proof – results in transferring to the Tribunal the burden of indicating and proving specific facts and events, aimed at comprehensive clarification of the factual state of the case] |
| If it is necessary to conduct evidence outside the place of proceedings, the Adjudicating Panel may entrust this activity to one of the arbitrators. Parties and their attorneys have the right to participate in conducting evidence by the designated arbitrator (§ 33 para. 7). | [lack of provision on conducting evidence outside the place of proceedings] |
| Witnesses | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of express indication that a member of a legal entity’s body and partner of a company giving testimony is – or is not – a witness] | A member of a legal entity’s body and partner of a company giving testimony is a witness in proceedings (§ 36 para. 1) |
| Experts | |
| Current Regulation | New Regulation Draft Assumptions |
| The Adjudicating Panel may appoint an expert or experts commissioning them to prepare an opinion, i.e., on its own initiative and without consulting the parties (§ 33 para. 11). | The Arbitration Tribunal may appoint an expert upon request of a party or on its own initiative and after consulting the parties (§ 37 para. 2). |
| The Adjudicating Panel may admit evidence from an opinion prepared on commission of the parties or a party (§ 33 para. 11). | [The Arbitration Tribunal cannot admit evidence from an opinion prepared on commission of the parties or a party] |
| [lack of provisions on impartiality and independence of expert] | The expert should be impartial and independent (§ 37 para. 3). |
| Protocols | |
| Current Regulation | New Regulation Draft Assumptions |
| Provisions on protocols from the course of hearing and other activities (§ 35). | [lack of provisions on protocols – paragraph removed, except for freedom to determine by the Arbitration Tribunal the method of recording the course of hearing]
The course of the hearing will be recorded in a manner determined by the Arbitration Tribunal (§ 34 para. 6). |
| Dismissal of Proceedings | |
| Current Regulation | New Regulation Draft Assumptions |
| The Adjudicating Panel dismisses proceedings in cases specified in the Regulations, and also if:
1. the plaintiff withdrew the claim, unless the defendant objected and the Adjudicating Panel deemed that the defendant has a justified interest in resolving the dispute or 2. the plaintiff did not file a claim within the deadline specified by the Adjudicating Panel based on § 28 para. 5; 3. further proceedings became unnecessary or impossible for other reasons; 4. a year has passed since suspension of proceedings based on § 36 para. 1, and none of the parties requested its resumption (§ 40 para. 1). |
Additional grounds for dismissal of proceedings by the Arbitration Tribunal in whole or in part:
1. it is not competent to resolve the dispute, 2. a party did not supplement the arbitration fee within the deadline, 3. a party withdrew the claim, unless the other party objected and the Arbitration Tribunal deems that it has a justified interest in resolving the dispute, 4. parties concluded a settlement, unless they requested giving it the form of judgment, 5. further proceedings became unnecessary or impossible for other reasons, 6. a year has passed since suspension of proceedings upon joint request of parties, and none of them requested its resumption (§ 40 para. 1). |
| Judgment | |
| Current Regulation | New Regulation Draft Assumptions |
| The judgment should be issued within 9 months from the day of initiation of proceedings and no later than within 30 days from closure of the hearing (§ 40 para. 2). | The judgment should be issued within 6 months from the day of appointment of the Arbitration Tribunal, however no later than within 2 months from the last day of hearing or from the day of filing the last party’s document (§ 41 para. 3). |
| The Director General may, ex officio or upon request of the presiding arbitrator, extend each of the above deadlines if this is justified by the complexity of problems occurring in the dispute or other important considerations (§ 40 para. 2). | The Director General may for important reasons suspend, extend and restore deadlines set out in the Regulations and deadlines which he designates (§ 11 para. 3). |
| [lack of indication that the Arbitration Tribunal gives decisions regarding costs of proceedings the form of judgment] | The Arbitration Tribunal gives decisions regarding costs of proceedings the form of judgment (§ 41 para. 1). |
| Content and Form of Judgment | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of obligation to transfer to the Arbitration Court a draft judgment before its signing] | Before signing the judgment, the Arbitration Tribunal will transfer to the Arbitration Court its draft. The Chairman of the Arbitration Council may submit to the Arbitration Tribunal comments not concerning the substantive content of the judgment in order to make necessary corrections (§ 42 para. 2). |
| The date of judgment, if the Adjudicating Panel consists of three arbitrators – the date of signing by the second of them (§ 41 para. 4). | The date of judgment, if the Arbitration Tribunal consists of more than one arbitrator, is the day of signing by the last of the majority of arbitrators (§ 42 para. 4). |
| Partial Judgment and Preliminary Judgment | |
| Current Regulation | New Regulation Draft Assumptions |
| Definition of preliminary judgment as recognizing a claim as justified in principle. The Adjudicating Panel may continue proceedings regarding the disputed amount of the claim (§ 42 para. 3). | Definition of preliminary judgment as a judgment in which the Arbitration Tribunal decides on part of the disputed issues between the parties (§ 43 para. 2). |
| Service of Judgment | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of possibility to file a request for sending a copy of judgment by electronic mail] | A party will be able, after sending the judgment, to file a request for sending a copy of judgment by electronic mail. Transfer of an electronic copy of judgment is not considered service of judgment (§ 45 para. 4). |
| Correction and Interpretation of Judgment | |
| Current Regulation | New Regulation Draft Assumptions |
| Within 14 days from the date of receipt of judgment, a party may file a request, serving its copy to the other party, for:
1. resolution of doubts regarding the content of judgment (interpretation of judgment), 2. correction in the text of judgment of inaccuracies, clerical or arithmetic errors or other obvious mistakes (§ 45 para. 1). |
Within 30 days from the day of service of judgment, a party may request:
1. correction of inaccuracies, clerical or arithmetic errors or other obvious mistakes in judgment, 2. interpretation of judgment (§ 46 para. 1). |
| [lack of procedure for filing response to request for correction or interpretation of judgment] | The other party files a response to the request for correction or interpretation of judgment within 14 days from the day of service of the request, unless the Arbitration Tribunal designates another deadline (§ 46 para. 2). |
| [lack of deadline for deciding on request for correction or interpretation of judgment] | The Arbitration Tribunal decides on the request for correction or interpretation of judgment within 30 days from the day of filing response by the other party or ineffective expiration of deadline for filing response (§ 46 para. 3). |
| Supplementary Judgment | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of procedure for filing response to request for supplementary judgment] | The other party will be able to file a response to request for supplementary judgment within 14 days from the day of service of the request, unless the Arbitration Tribunal designates another deadline (§ 47 para. 2). |
| The Adjudicating Panel issues a supplementary judgment within 30 days from the date of filing the request (§ 46 para. 3). | The Arbitration Tribunal issues a supplementary judgment or dismisses the request for supplementary judgment within 30 days from the day of filing response by the other party or ineffective expiration of deadline for filing response (§ 47 para. 3). |
| Orders | |
| Current Regulation | New Regulation Draft Assumptions |
| [lack of provision on obligation to prepare written reasoning of order regarding exclusion of arbitrator] | Addition of obligation to prepare written reasoning of order regarding exclusion of arbitrator (§ 48 para. 3). |
| In matters concerning organization of proceedings, the presiding arbitrator may issue orders independently. Such order may be revoked or changed by the Adjudicating Panel (§ 39 para. 2). | [lack of provision on independent issuing of orders by presiding arbitrator] |
| Costs of Proceedings | |
| Current Regulation | New Regulation Draft Assumptions |
| A party that requests awarding of costs of proceedings, if necessary, files a list and evidence of incurring costs (§ 50 para. 3). | A party that requests awarding of costs of proceedings, in each case, files a list of costs (§ 50 para. 3). |
| Autorzy: | |
| lawyer Katarzyna Gelo | |
| legal assistant Zuzanna Ciesiołkiewicz | |
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