New Arbitration Rules
The way arbitration proceedings are conducted has changed in the last decade. The expectations of arbitration users towards arbitral institutions and arbitrators have also changed. Familiarity with international arbitration practice has increased. Arbitration institutions around the world have introduced new solutions in their rules to enhance proceedings.
With this in mind, the Arbitration Council of the Court of Arbitration at the Polish Chamber of Commerce decided that, almost 10 years after the current arbitration rules had been adopted, it was necessary to draw up new rules. It entrusted this task to the Rules Amendment Committee.
The draft of the new SA KIG Arbitration Rules prepared by the Committee was submitted to public consultation in March this year.
After analysing the comments taken, the Rules Amendment Committee presented the final draft document to the President of the Arbitral Council, who referred it to the Arbitral Council.
The new Arbitration Rules of the Court of Arbitration at the PCC were adopted by the Arbitral Council on 10 October 2024, and approved by a resolution of the PCC Presidium on 17 October, they will come into force on 1 January 2025.
The new Arbitration Rules of the Court of Arbitration at the PCC were adopted by the Arbitration Council on 10 October 2024 and approved by a resolution of the Presidium of the PCC on 17 October; they will enter into force on 1 January 2025.
Changes to the 2025 Rules compared to the current regulations include, in particular:
- the repeal of the rule that the President of the Arbitral Tribunal or the sole arbitrator can only be a person included in the list of recommended arbitrators,
- authorising the Arbitral Tribunal to decide that service of letters in the course of the proceedings shall be effected exclusively by electronic mail,
- introduction of the principle that a dispute shall be resolved by a sole arbitrator if the value of the subject matter of the dispute does not exceed PLN 100,000,
- introduction of the rule that proceedings may be commenced only by submitting a summons to arbitration,
- introduction of an obligation to inform about the financing of a dispute by a third party,
- introduction of an early determination procedure for obvious cases,
- introduction of the institution of an ad hoc arbitrator,
- introduction of an obligation to hold an organisational meeting and issue an organisational order within a short period of time of the establishment of the Arbitral Tribunal,
- introduction of a requirement that the award must be rendered within 6 months from the date of the appointment of the Arbitral Tribunal, but no later than 2 months from the last day of the hearing or from the filing of the last writ,
- introduction of an obligation to give reasons for a decision on the exclusion of an arbitrator.
Along with the adoption of the new Rules of the Court of Arbitration at the PCC, on 17 October the Presidium of the Polish Chamber of Commerce adopted the Schedule of Costs of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, which will also enter into force on 1 January 2025.
We invite you to read the contents of both documents: