Arbitration proceedings – Step-by-step guide
Would you like to learn how arbitration proceedings before the Court of Arbitration at the Polish Chamber of Commerce are conducted?
You are in the right place! Below, we present all the stages of the proceeding in accordance with our Rules – clearly, comprehensively, step by step. Our aim is to ensure that you can go through the entire process smoothly and with full understanding.
Remember: right here we only provide a general overview – if any questions remain unanswered, you can always contact our Secretary (https://sakig.pl/en/contact). We’re here to answer your questions and provide any additional information or clarification you may need.
In order for a dispute to be resolved by the Court of Arbitration at the Polish Chamber of Commerce, the parties must first include an arbitration clause (also known as an arbitration agreement) in their contract. This clause serves as the basis for initiating proceedings before the Arbitral Tribunal.
We recommend using one of our model arbitration clauses, available on our website: Template arbitration clauses. These templates ensure that the clause is correctly formulated and consistent with our Rules.
When a dispute arises and you wish to have it resolved by our Court, the first formal step is to submit a Request for Arbitration. Pursuant to § 21 of the Rules, the request must be submitted both in hardcopy (paper) and in electronic form.
The Request for Arbitration should include:
• data of the parties and their representatives,
• the text of the arbitration clause,
• a description of the factual and legal background of the case,
• the claim (i.e., the statement of relief sought),
• the value of the dispute,
• information on any third-party funding,
• appointment of arbitrator – if the party initiating the proceedings is entiteled to appoint one (see Step 6 for more details),
• the party’s position regarding the numer of arbitrors, the seat of arbitration, the language of the proceedings and the applicable law.
The Request for Arbitration must be accompanied by:
• proof of payment of the registration fee,
• copies of the Request for the respondent and for the arbitrators.
Important: If a party decides to initiate the procedings by submissing a Statement of Claim that contains all the elements required for Request of Arbitration under the Rules, we will treat this submission as a proper „Request for Arbitration” and will issue a request for payment of the arbitration fee. The form of the document’s title will not affect its validity, and the fee will not be refunded on that basis.
For the Request for Arbitration to produce legal effect, the Arbitration Fee must be paid. The amount of the fee will be specified in the payment order issued by the Court and the deadline for payment shall not be shorter than 7 days.
If the fee is not paid within the prescribed period, the request for arbitration will be returned and the proceedings will not be initiated nor will produce any legal effects (e.g.: the limitation period will not be interrupted)
Important: Submitting the Request for Arbitration alone is not sufficient – payment of the arbitration fee is essential for the proceedings to commence.
You are encouraged to use our cost calculator available on our website: Schedule of Costs.
Once the Arbitration Fee has been paid, the Request for Arbitration if forwarded to the respondent. From the date of its receipt, the respondent has 30 days to submit a Response to the request.
The Response to the request for arbitration – just like request itself – must meet certain formal requirements. All elements are specified in paragraph 23 of the Regulations.
The response should include:
• the address of the respondent and of their representatives,
• the respondent’s position regarding the jurisdiction of the Arbitral Tribunal,
• comments on the factual and legal circumstances of the case,
• the respondent’s position regarding the claim and value of the dispute,
• information on the possible involvement of a third-party funding,
• the designation of the arbitrator,
• the respondent’s position regarding the number of arbitrators, the seat of arbitration, the language of the proceedings and the applicable law.
The Response to the Request of Arbitration, like the Request itself, must be submitted both in hard copy (paper) and in electronic form.
Important: Failure to submit a Response to the Request for Arbitration does not suspend the proceedings. The Arbitral Tribunal may proceed with the case even without the respondent’s position.
The parties may specify in the arbitration clause whether the case is to be heardby one or three arbitrators. If no such agreement is made, the rules set out in §15 and §16 of the Rules shall apply.
According to the Rules:
• if the value of the dispute does not exceed PLN 100.000, the case shall be decided by a sole arbitrator,
• in determining the value of the dispute any counterclaim or set-off raised in the Response to the Request for Arbitration shall also be taken into account.
Important: Any subsequent change in value of the dispute does not affect the number of arbitrators. The composition of the Tribunal, established on the basis of the original value, remains unchanged.
Each party has the right to nominate one arbitrator. If several claimants or respondents participate on one side they jointly appoint sole arbitrator. The arbitrators appointed by parties then jointly select the Presiding Arbitrator. In cases decided by asole arbitrator, the parties must jointly appoint that arbitrator. If party fails to nominate an arbitrator within the specified time, the arbitrator shall be appointed by the Arbitral Council.
Any natural Person, regardless of nationality, who has full legal capacity, may serve as an arbitrator. Sitting judges are not eligible for appointment, except for those who are retired judges.
In according with § 32 of the Rules, within 14 days from the date on which the case file is forwarded to the Arbitral Tribunal, a date is set for the Case Management Conference.
The purpose of the meeting is to determine the key procedural matters, such as:
• schedule of proceedings,
• the form in which the proceeding will be conducted
• deadline for exchanging submissions between the parties,
• manner of taking evidence,
• necessity of conducting a hearing.
The Case Management Conference constitutes an important stage of the proceedings – it allows the process to be organized and tailored to the specific circumstances of the case.
Important: The parties actively participate in determining Case Management Conference. Their views are always taken into account when establishing elements of the schedule of the proceedings to ensure that the proceedings are conducted efficiently and cost-effectively with due regard for both time and cost considerations.
Following the Case Management Conference, the Arbitral Tribunal, in accordance with § 32 of the Rules, issues a Procedural Order on the Organization of the Proceedings within 7 days. This order sets out among other matters: the schedule the manner in which the proceedings will be conducted, the deadlines for submitting pleadings, the dates of any hearings, and other important procedural arrangements/
If the Tribunal determines that a Case Management Conference is not necessary, it must issue the Procedural Order on the Organization of the Proceedings within 21 days from the date of receipt of the case file.
The Procedural Order on the Organization of the Proceedings is a key document governing the further course of the proceedings and ensuring their orderly and efficient conduct.
Important: From this stage onward, electronic communication generally becomes the standard method of serving documents between the parties and the Tribunal.
After issuing the Procedural Order on the Organization of the Proceedings, the claimant may submit a statement of claim, in which the demands set out earlier in the Request for Arbitration are elaborated in detail.
In the Statement of Claim should include:
• specify or refine the claims
• present a complete factual and legal argumentation
• attach evidence in suport of their position.
The Statement of Claim is one of the key documents in the proceedings – it serves as the basis for the Arbitral Tribunal to assess the merits of the claims.
If the claimant submits a Statement o Claim, the respondent has the right to respond to the allegations by filing a Response to the Statement of Claim.
In the Respond to the Statement of Claim should include:
• address the claimant’s assertions and evidence,
• present their own factual and legal arguments,
• raise any objections or defences,
• submit their own evidence.
This stage allows both parties to present their positions in detail, and enables the Tribunal to gain a clearer understanding of the dispute before deciding whether to schedule a hearing.
According to § 34 of the Rules, a hearing is held at the request of either party, or when the Arbitral Tribunal considers it appropriate in light of the circumstances of the case.
A Hearing provides the parties with an opportunity to:
• present the parties with an in person,
• question witnesses or experts,
• directly address the arguments presented by the other party.
Important: Hearings beforethe Court of Arbitration at the Polish Chamber of Commerce may be conducted on-site at Court’s premises, remotely using electronic communication tools, or in a hybrid form. No additional fees are charged for remote or hybrid hearings.
According to § 41 of the Rules, the Arbitral Tribunal should issue an award within 6 months from the date of receiving the case file.
However, if a hearing has been held or the exchange of written submissions between the parties has concluded, the award should be issued no later than within 2 months:
• from the date of the final hearing, or
• from the date of submission of the last written pleading by either party – whichever occurs later
This deadline ensures that the parties receive a swift resolution of their dispute, which remains one of the key advantages of arbitration.