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STATUTE OF THE ARBITRATION COURT IN WARSAW 1. The National Arbitration Court in Warsaw (hereinafter referred to as the "Arbitration Court") is a court appointed for making objective and independent awards in civil law disputes, particularly those regarding the domestic and international economic turnover between the parties which designated to the said Court. 2. The Arbitration Court is a permanent court. 3. The proceedings before the Arbitration Court are conducted within one instance. 4. The awards of the Arbitration Court are of the final and binding character. The parties undertake to voluntarily and immediately adhere to the award of the Arbitration Court as well as to the execution of this award. 5. The Arbitration Court adjudicates pursuant to the rule of rightness and conducts proceedings pursuant to the content of the Court Statute exclusively. The Arbitration Court is not bound by the regulations concerning the proceedings before a court of law with the exception of the unconditionally valid regulations described in part 5 of the civil proceedings code regarding the arbitration court. 6. The Arbitration Court acts pursuant to the rule of the proceedings promptness. 7. The place of the Arbitration Court proceedings shall be Warsaw or place of the Court Division seat or other place indicated by a statutory authority. 1. The proceedings before the Arbitration Court are payable. 2. The fees and charges to be paid to the Arbitration Court include: a. registration fee - PLN 100.00 b. single registration fee collected commensurately according to the amount in dispute:
c. fee for court incompetence accusations: PLN 100.00 d. fee for the demand of the challenge of an arbitrator: PLN 100.00 e. fee for a full copy of the dossier: PLN 200.00 f. fee for a copy of a part of the dossier: PLN 50.00 g. mediation fee amounts to 1/4 of the single fee h. complaint fee amounts to 1/4 of the single fee 3. All the fees and costs defined in the Article 2 p. 2 do not include Value Added Tax (22 %). 4. Fees and costs are paid in advance. 5. The party which makes a statement of claim or statement of counter-claim shall be obliged to pay the registration fee and the single fee. 6. Should the claimant withdraw the statement of claim, the single fee is returned to them by the Arbitration Court in the following amounts: a. 70 per cent of the fee if the statement of claim was withdrawn before it was delivered to the respondent, b. 50 per cent of the fee if the statement of claim was successfully withdrawn after it was delivered to the respondent, c. 25 per cent of the fee if both parties managed to conclude a settlement. 1. Arbitration expenses are the costs related to court activities performed during the proceedings (the costs of experts' testimonies, witnesses' summons, interpreters' services, costs connected with conducting the proceedings in a place other than Warsaw or the place of the seat of the Arbitration Court Division, travel costs of the arbitrators). 2. The party which has petitioned the court for taking an action connected with the expenses shall be obliged, upon summons of the Arbitration Court, to pay the amount of money defined by the Arbitration Court for that purpose. 3. The Arbitration Court decides on the manner of incurring expenses in the course of proceedings, including any advance payments made towards expenses. 4. Should a party fail to pay an expense or an advance payment towards expense in the amount and within the period of time defined by the Arbitration Court, it is understood that this party withdraws the evidence motion and abandons conducting the court activity. 1. Designation of the Arbitration Court defined in Article 1 p. 1 occurs by: a. the exchange of letters and statements, made on the basis of means of communication enabling to preserve their content, between the parties, b. referring to a document which includes information on bringing the dispute to the Arbitration Court, c. a clause in the agreement (statute) of a commercial company or in the statute of a co-operative or an association, which bounds the company and its shareholders and the co-operative or the association and their members, d. a written agreement on bringing the dispute before the Arbitration Court, e. in the event a designation does not exist, and party, either on their own initiative or by advising the Court about the dispute, or in response to the arbitration summons, made a statement in order to establish its content and became involved in the dispute. 2. The designation which regards labour law disputes can be drawn up only after the dispute occurs and it shall be made only in writing. 3. The designation of the Arbitration Court may include property and non-property rights disputes which for the parties of the designation have a measurable economic value enabling to assess the value of the amount in dispute. 4. The designation of the Arbitration Court may include both the disputes occurring now as well as those occurring in the future. 5. Submission of the dispute under the jurisdiction of the Arbitration Court is equal with the futility of canceling the designation after laying an action at law, according to the will of the parties or their legal successors. 6. Pursuant to the Statute the Arbitration Court decides on the civil law disputes, including economic disputes, those involving natural persons, natural persons running a business, legal persons and subjects of organizational units of no legal entity, as well as labour law disputes, disputes regarding the relation of a company, co-operatives and associations. 7. The Arbitration Court proves its competence regarding the existence, validity, scope and effectiveness of the designation only if an accusation of one of the parties occurs. The accusation is payable in the amount pursuant to the Statute. An unpaid accusation shall be rejected. If the statutory authority of the Arbitration Court decides about the refusal, there is no right of appeal serves against this decision. 8. The Arbitration Court shall be entitled to state the existence or validity of the document which includes the clause. 9. The clause in the agreement which informs about arbitrating pursuant to the Statute shall be treated separately from the remaining resolutions of the agreement. The invalidity or termination of the basic agreement involving designation of the Arbitration Court shall not infringe the invalidity or termination of the designation. 10. The clause is still valid even if a person appointed as an arbitrator or chairman arbitrator refuses to serve this function or if for some other reason serving this function by this person is impossible; in such cases the nominative organ appoints another arbitrator or chairman arbitrator. 1. Awards made by the Arbitration Court shall not be subject to appeals. A complaint against a decision made by the Arbitration Court may be lodged exclusively in cases stipulated in the Statute. All complaints should be lodged within the Arbitration Court. They are subject to fees specified in the Statute. Complaints which have not been paid for shall be dismissed. The Arbitration Court shall examine a complaint and issue a decision, which shall not be subject to an appeal. 1. Disputes shall be examined and resolved by the Arbitration Court in a three-person adjudicating panel during a hearing or by a sole arbitrator during a session. 2. The sole arbitrator shall have the authority and responsibilities equal to the ones of the chairman arbitrator. 3. The Arbitration Court is bound by the claim contained in the statement of claim and shall not award of any claim not contained in the said statement. 4. A statement of claim or a statement of defense shall not be supplemented or modified in the course of proceedings. 5. A chairman arbitrator or a sole arbitrator shall prepare a hearing adequately in order to issue a decision, if possible, during a single hearing or session. To this end, he may order that the parties exchange letters or any other documents and undertake any other actions, which may help in clearing out the circumstances of the case or accelerate its hearing. 6. Should the parties fail to undertake the following actions: a. the respondent fails to submit a statement of defense - the Arbitration Court continues the proceedings, and such failure is deemed to be the acknowledgment of the allegations contained in the statement of claim, b. a party fails to appear at the hearing and/or fails to submit documents - the Arbitration Court continues the proceedings and issues an award based on the collected evidence. 7. The proceedings are deemed commenced upon filing the statement of claim. 1. The proceedings are conducted behind closed doors, which means that only the parties involved and their attorneys-at-law are allowed to participate in the proceedings; any other participants of the pending proceedings (witnesses, experts, sworn translators) are allowed to participate only for a justified period of time. 2. The parties shall be obliged to submit to the Arbitration Court any documents that they find relevant. It also applies to any documents submitted to the Arbitration Court in the course of proceedings, including expert's testimony and any other evidence in writing which the Arbitration Court is likely to consider while resolving a dispute. 3. The disposition on establishing the place of proceedings, meetings or pre-hearing deposition shall be delivered to the arbitrators, parties and other participants of the proceedings. 4. The procedure before the Court of Arbitration is conducted in the Polish language, which means that hearings and other activities conducted in the proceedings with the participation of the parties and other participants, including witnesses and experts, who do not know the Polish language are held with the participation of a translator called by the statutory authority. 5. Any and all documents are presented to the Court of Arbitration in the Polish language, and if they were made in a foreign language, the party of the proceedings that refers to them shall present their certified translation into Polish. 6. Protocols, minutes and decisions shall be prepared in the Polish language. 7. Each of the parties shall be obliged to prove the facts that they refer to in order to support their requirements or defense. In order to do that, both in the statement of claim and in the statement of defense, the parties shall be obliged to submit to the Court of Arbitration the documents they think shall be relevant and may require to be heard and refer to all and any statements and charges believed crucial for the defense of their rights during the hearing under pain of loss of a right to make reference to them in further proceedings. 8. The Court of Arbitration shall assess the reliability of evidence based on its independent evaluation and understanding compliant with the rules of logic. The Court of Arbitration may reject the presented evidence at its discretion. There is a right of appeal against the decision. The appeal is subject to a fee stipulated in the Statute. An unpaid appeal shall be rejected. The Court of Arbitration shall review the appeal and issue a decree absolute. 1. If the rules of the Statute are infringed in the proceedings before the Court of Arbitration then the party aware of such an infringement may not raise the charge of such an infringement before the Court of Arbitration or refer to such an infringement before a common court after the lapse of seven days as of the time, when the infringement was stated. When pointing to the infringement the party shall be obliged to justify it in writing by submitting a letter to the Court of Arbitration within the aforementioned period of seven days. 1. The statement of claim, statement of defense, motion for protection of action and call for participation as a third party respondent shall be delivered directly to the Court of Arbitration. 2. The following rules shall be applied in the proceedings before the Court of Arbitration: a. a letter shall be deemed delivered if it was delivered personally to the addressee or sent via registered mail to his seat or regular place of residence or to the address indicated by the addressee. b. if the addressee is an entrepreneur registered to a competent court register or another public register the letter shall be deemed delivered if sent to the address shown in the register, unless the party advised on another address for correspondence. c. in the event if it is impossible to establish any of the places enumerated in the preceding items then the letter shall be deemed delivered if sent to the last known headquarters or the last known place of residence of the addressee; in such an event the letter shall be deemed delivered on the last day of the period, in which the letter could be or could have been received by the addressee. 3. Not received or not accepted correspondence, regardless of the reasons of such non-acceptance, shall rest in court files with the same effect as delivered. 4. For the needs of calculating dates based on the Statute, a given period commences on the date following the date of receipt of the notice, call or other correspondence. If the last day of such a period falls on a bank holiday or a day free of work in the place, where the addressee resides then such a period shall be prolonged until the next first business day. Bank holidays and other days free of work within a given period shall be included in such a period. 1. A Party may request to dismiss an arbitrator due to reasonable doubts as for his or her impartiality. 2. A demand, with the indication of the reasons of dismissal and their justification shall be submitted by a party in the Court of Arbitration within seven days as of the day on which the party found out on his appointment, but not later than on the first hearing or session. The demand shall be paid based on the Statute. After the lapse of these dates it is deemed that the party resigned his/her right to demand the dismissal. 3. The demand of the party shall be recognized by a statutory authority, whose decision in this scope is final and absolute and shall not be subject to any justification. 1. the Court of Arbitration may punish ex officio a party with a financial penalty: a. for unreasonable submission of a demand to dismiss an arbitrator, b. for unreasonable charges regarding the competence of the Court of Arbitration, c. for unreasonable evidence without meaning in the case in order to prolong the proceedings before the Court of Arbitration, d. for a failure to execute the decision of the Court of Arbitration on the application of a temporary security measure. The value of a financial penalty may not exceed 1000 PLN + VAT 22%. The Court of Arbitration shall issue a decision in this scope, which shall not be served with any right of appeal. The punished party shall be obliged to pay the penalty for the Court of Arbitration within 7 days as of the delivery of the decision. 1. Initiating the proceedings before the Court of Arbitration shall cease the course of limitation periods. 2. The Court of Arbitration and its authorities mentioned in the Statute of the Court shall not be liable for any damages that occurred in effect of actions or abandonment referring to the arbitration proceedings. 3. A statutory authority shall be empowered to interpret the Statute. 4. The Parties are bound with the provisions of Statute binding on time of filing the claim. 5. Members of the adjudicating panel, the chairman and a sole arbitrator shall be appointed by a statutory authority from the list of arbitrators of the Court of Arbitration. 6. The statutory authority within 10 days counted as of the date of sending the claim to the respondent (call for arbitration) shall appoint the adjudicating panel or sole arbitrator, and shall advise the parties. 7. In the event of change due to any reasons on the part of the arbitrator, decision making body or one arbitrator in the course of the proceedings, the statutory authority shall appoint other arbitrators from the list of arbitrators of the Court of Arbitration. 1. The case shall be initiated by filing a claim to the Court of Arbitration. The claim and all its attachments shall be filed in a number corresponding to the number of sued persons and moreover in two further copies. It refers also to all other procedural writs of the parties. 2. The claim should contain: a. marking the parties and provide their addresses or headquarters b. marking the value of the subject of the dispute, c. precise specification of the demand and its justification and enumerating offered evidence d. attaching to the claim - in the original or certified copies - proof of registration in the Court of Arbitration. 3. In the event if the plaintiff applies for asking the respondent to submit to the competence of the Court of Arbitration - the statutory authority shall apply in writing to the respondent with an appropriate question by sending to him/her both the copy of the claim and the Statute. Any action at any time with reference to any dispute, if recordable by any means, shall be deemed as the respondent's participation in the case. 4. In cases for financial claims, a given amount shall constitute the value of the subject of the dispute. In cases other then financial claims related to property or others the plaintiff shall be obliged to mark the financial value of the dispute in the claim. 5. Interest rates, benefits and costs, requested with the main claim shall not be included in the value of the subject of the dispute. 6. In matters for the rights to recurring benefits the value of the dispute shall be the sum of benefits for the last 6 months, and if the benefits are shorter than 6 months - for the whole period of their duration. 7. The statutory authority may ex officio verify the value of the subject of the dispute marked by the plaintiff. The Court of Arbitration shall then issue a decision. There is a right of complaint against the decision. The complaint is subject to fee stipulated in the Statute. An unpaid complaint shall be rejected. The Court of Arbitration shall review a complaint and then issue a decree absolute. 8. The claim and its attachments shall be filed to the Court of Arbitration in as many copies, as there are respondents in the case and additionally two copies for the Court of Arbitration. 9. Following the filing of the claim the statutory authority shall call the plaintiff for paying the registration fee within 7 days and the amount of a single registration. After an ineffective lapse of the period the claim shall return. The claim shall also return following the payment of a registration fee only, but without the single registration. 10. Following the payment of the fee the statutory authority shall immediately call the respondent for arbitration, deliver a claim to him/her and appoint a date, not longer than 7 days as of filing the response for the claim. 11. A party may attach any documents to a response for the claim, if they consider it expedient. 12. Lack of response for the claim or the respondent's silence shall be meaningless for the course of the proceedings and shall not influence it. 1. With reference to the proceedings before the Court of Arbitration, on the motion of the party made the claim reliable, the Court of Arbitration may issue a decision on the application of such a temporary safety measure as it may recognize as appropriate due to the subject of dispute. There is a right of complaint against the decision. The complaint is subject to fee stipulated in the Statute. An unpaid complaint shall be rejected. The Court of Arbitration shall review a complaint and then issue a decree absolute. 2. The decision of the Court of Arbitration on the application of the temporary safety measure shall be subject to a compulsory execution after adjudicating a clause of execution by a common court on the motion of a party. 1. A counter claim may be filed at the latest in the response to the claim, if it was not exempted in the registration and is subject to deductions. 2. The provisions of the Statute on the claim shall be applied respectively to the counter claim. 3. A counter claim shall be recognized by the adjudicating panel or one arbitrator reviewing the main claim. 4. Redemption of proceedings of the main claim after filing a counter claim as well as rejection of the main claim shall not impede the recognition of the very counter claim. 1. In the event if the result of the case may influence the recourse or damage claim of one of the parties to a given third party, this party may, until the time of closing the first hearing or meeting file a motion to notify this person on a pending issue, with a simultaneous call to participate in the hearing as the third party respondent. 2. Such a motion shall be subject to a registration fee. 3. The Court of Arbitration shall direct on copy of a paid motion with attachments to a third party with a calling, so that it declares within 7 days whether they shall participate in the hearing as the third party respondent. 4. There may be several third party respondents for the hearing. 5. A third party respondent receives copies of all letters, may file statements and explanations, but shall not be a party of the proceedings and the decree may not refer to them and their rights and duties directly. 1. In the event if the result of the effect of the claim may refer to rights and duties of the third parties, then the Court of Arbitration shall ex officio decide to call a third party as a participant. 2. The participant shall receive copies of all letters, may file declarations and explanations. 1. The Court of Arbitration shall redeem the proceedings if: a. it states that its further conduct has become redundant or impossible b. the claim was withdrawn before its delivery to the respondent c. the claim was withdrawn following its delivery to the respondent, d. a party to the proceedings, who is a natural person dies, e. a party to the proceedings, who is a legal person is crossed out of a competent register. 2. In the event stipulated in article 18 item 1 the Court of Arbitration shall issue a decree absolute. 1. A statutory authority shall ordain a review of a case, in which the value of the subject of the dispute exceeds the amount of 50.000 PLN 2. The Court of Arbitration reviews cases on a hearing in the composition of three arbitrators. 3. The hearing is conducted by the chairman of arbitrators. 4. The adjudicating panel may issue dispositions in procedural matters. 5. The Court of Arbitration shall notify the parties, witnesses and other participants of the hearing, experts and translators about the time and place of the hearing seven days in advance. 6. In the event of absence on the hearing of any notified party or its attorneys-at-law shall not stop the proceedings and a decree issued in such a case shall not be a judgment by default. 7. In the even if a duly notified party fails to appear on the hearing or fails to present the documents it was supposed to present, the Court of Arbitration shall conduct the hearing and shall issue a judgment on the basis of collected evidence. 8. A protocol shall be made of the hearing. 1. A statutory authority shall ordain a review on the meeting on hearings, for which the value of dispute shall not exceed the amount of 50.000 PLN. 2. The Court of Arbitration shall recognize hearings on a meeting in the composition of sole arbitrator. The sole arbitrator shall have the rights of the chairman. 3. A written protocol is made from the meeting. 4. In all not regulated matters the provisions of article 19 on the hearing shall be applied adequately to a meeting. 1. The Court of Arbitration shall solve a dispute on the basis of documents presented by the parties. 2. The Court of Arbitration may gather a proof from the hearing of witnesses, inspection, expert's opinion both on the motion of a party and ex officio. 1. The chairman shall close the meeting, when the adjudicating panel shall finally recognize the case as satisfactorily explained until a substantial explanation of the case. 2. The meeting shall be closed by one arbitrator based on circumstances as in article 22 item of the Statute. 1. Awards shall be issued by an adjudicating panel or a sole arbitrator who conducted a hearing or a session directly preceding the issuance of the award. 2. The Arbitration Court shall not issue partial or preliminary awards. 3. The awards issued by three arbitrators shall be made by an absolute majority without the right to abstain from voting. 4. The Court may adjourn the issuance of the award, however, for not longer that 7 days from the date of closing the proceedings. 5. Awards shall be drawn up by the chairman arbitrator, an arbitrator appointed by the adjudicating panel or a sole arbitrator. 6. Awards should be in writing and bear signatures of all arbitrators who issued an award. 7. An award issued by the Arbitration Court should bear a signature of the statutory authority who certifies that the arbitrator's signatures are authentic and the award is final as well as the seal of the Arbitration Court. 8. An award issued by the Arbitration Court should: a. contain the resolution of a dispute, b. indicate the arbitration clause designating the Arbitration Court which constituted grounds for issuing an award, c. contain names of the parties and the arbitrators, d. specify the date and place of the award issuance, e. contain a decision on the costs of proceedings, 9. The Arbitration Court shall decide on the proceeding costs referred to in Art. 2 p. 2 letter b and Art. 3 p. 1 of the Court Statute payable to the party winning a dispute by a defeated party. 10. An award shall be binding upon the parties from the date it was announced. 11. An award issued by the Arbitration Court shall be served to the parties. 12. An award shall be served after all payables due to the Court are settled by the parties. 13. The Arbitration Court shall not issue supplemental awards concerning claims not raised in the statement of claim or/and in the counterclaim. 14. Should an award be not issued in a case, the proceedings shall be closed with a decision. 15. An award issued by the Arbitration Court shall be final, shall not be a subject to appeals and shall have the same binding force as state courts judgments. For the purpose of the compulsory enforcement of an award, a party should apply within a common court for granting an enforcement clause to the award. 16. On the parties' request and having paid a fee in the amount of PLN 100, the Arbitration Court shall serve an award with a justification. 1. The Parties may conclude a settlement at any stage of the proceedings. 2. The Arbitration Court should persuade the parties do conclude a settlement in the course of proceedings. 3. Should a settlement be concluded, its essentials are recorded in a protocol and certified by the parties' signatures. 4. The Arbitration Court shall give the settlement a form of an award. 1. The proceedings before the Arbitration Court may not be suspended. 2. The adjudicating panel or a sole arbitrator may adjourn a hearing or a session, if they find it fit. 1. Prior to the commencement of the proceedings before an arbitration court or a common court, a party to the dispute may request that the Arbitration Court conducts proceedings aiming at settling the dispute presented in the mediation request amicably, pursuant to the Statute. 2. The request for mediation should contain: 3. names of parties and addresses of their places of residence or registered offices, 4. information on the amount in dispute. A copy of a mediation agreement shall be enclosed with a request if the parties concluded such an agreement. 1. Following the submission of the request for mediation, a statutory authority shall order the applicant to pay the registration fee and mediation fee specified in Art.2 p. 2 letter g. within 7 days. Should the feed be not paid within the specified deadline, the request shall be returned. Requests are also returned if the applicant has paid the mediation fee but failed to pay the registration fee. 2. After all necessary fees for the mediation request are paid, a statutory authority shall without delay serve the request to the other party and order it to file a written statement containing a consent to participate in the mediation proceedings within 7 days. 3. Should the other party not consent to the mediation proceedings, the previously paid mediation fee shall be returned to the applicant. 1. After the other party to the dispute consents to the mediation proceedings, a statutory authority shall appoint a mediator chosen from the mediators list of the Arbitration Court, notice of which shall be served to the parties. 2. The mediation proceedings shall be conducted by a sole mediator.In the mediation proceedings the Article 10 of the Statute is applied appropriately. 3. In the mediation proceedings the Article 10 of the Statute is applied appropriately. 4. The mediator assigns the day for the mediation meeting, hears the parties and puts forth a proposal of the amicable settlement of the dispute. 5. In order to induce the parties to reach a compromise, before and during the mediation meeting the mediator can communicate with both parties at the same time or with each one separately. 6. The mediator should make all the possible efforts in order to close the mediation proceedings already on the first meeting, unless the parties and the mediator stipulate otherwise. 7. No statements, explanations as well as applications of the parties regarding the possibility of the amicable settlement of the dispute, which were submitted during the mediation, cannot be taken into consideration during the arbitration proceedings nor during the court proceedings, unless the parties agree differently. 8. agreement. The mediation proceedings are finished by signing the protocol by the parties and the mediator. 9. Should the mediation not result in the dispute settlement of the parties, the mediation proceedings are finished by the mediator who makes a written statement that the dispute settlement did not take place and encloses the statement to the dossier. 10. On the parties' concordant application mediator may put the dispute settlement achieved in the mediation proceedings into the form of a sentence. 1. The dossier regarding the case is filed in the Arbitration Court. 2. The parties, remitting the case to the Arbitrary Court in Warsaw, agree on storing their personal details in the archives of the said Court and processing them pursuant to the Act dated 29.08,1997 regarding the Protection of Personal Details (Journal of Laws Dz.U. No. 133, item.833). 3. The parties may collect the copies of the entire dossier or of a part of a dossier after paying the fees and charges defined in the Article 2 p. 2 let. 2 or in Article 2 p. 2 let. f of the Statute. 1. This Statute and any amendments hereto shall be published on the Internet site of the National Arbitration Court in Warsaw: www.arbiter.org.pl. 2. The National Arbitration Court may send you a hard copy of its Statute for a fee of PLN 30. 3. The Statute enters into force on April 10th, 2007. 4. The Statute dated January 1st, 2007 is no longer in force.  |
