Proceeding step by step
The parties include an arbitration clause in their agreement, worded as follows: “All disputes arising from this Agreement or in connection with it will be resolved by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in accordance with the By-laws of that Court in force at the date on which the statement of claim is submitted.”
Arbitration is initiated by the submission of a statement of claim, which should contain
a) the names of the parties to the proceedings and their respective addresses, and – in the case of business entities, cooperatives, foundations and associations – excerpts from the court register or another public register,
b) n indication of the arbitration agreement (arbitration clause) or any other grounds for the jurisdiction of the Court,
c) the amount in dispute,
d) an exact specification of the claim, together with its justification, and evidence in support of the presented circumstances.
A statement of claim may also name the arbitrator appointed by the party concerned, contain a motion for the case to be heard by a sole arbitrator, or a motion for an arbitrator to be nominated by the Arbitral Council.
The Court calls for any gaps in the statement of claim to be filled and fees to be paid.
Appointment of arbitrator by claimant or default appointment
The statement of claim is sent to the respondent together with information about the arbitrator appointed by the claimant or by default appointment.
The respondent replies to the statement of claim and provides information about the arbitrator it has appointed. If no arbitrator is appointed, the appropriate body of the Court of Arbitration at the Polish Chamber of Commerce makes a default appointment.
The Court sends the letters of appointment and a declaration of impartiality to the arbitrators appointed by the parties or by default appointment.
The arbitrators appoint the Chairman of the Arbitral Tribunal and inform the Court’s Secretariat about the appointment. The Secretariat sends the case files and the declaration of impartiality to the Chairman.
The Arbitral Tribunal examines the case at a hearing, unless the parties agree that the proceedings are to be conducted without holding a hearing, or if the parties exhaustively present all the circumstances they deem relevant to the defence of their rights and the Arbitral Tribunal finds the case to be sufficiently clear to be resolved without holding a hearing. However, the Arbitral Tribunal will consider the case at a hearing if so requested by one of the parties that did not agree to the proceedings being conducted without holding a hearing.
The hearing is confidential. In addition to the parties and their legal representatives, the hearing can be attended only by persons summoned to it, and by other persons only with the consent of the parties and the Arbitral Tribunal – but no more than two persons to be indicated by each party. The hearing may be attended by the President of the Court, the Secretary General of the Court and members of the Arbitral Council.
The Chairman of the Arbitral Tribunal sets the date of the hearing. The Chairman issues orders necessary to prepare the hearing, so that the case may be resolved after the first hearing if possible. The Secretary General of the Court notifies the parties of the date and place of the hearing.
The Chairman of the Arbitral Tribunal presides over the hearing. A sole arbitrator has the authority of the Chairman and of the Arbitral Tribunal itself.
The Arbitral Tribunal resolves a case by issuing an award. The award is binding on the parties, which undertook to execute it by submitting the dispute for resolution by the Court of Arbitration at the PCC. An award should be issued within a month of the conclusion of the case.