The Court of Arbitration at the Polish Chamber of Commerce adopted the new arbitration rules
The Court of Arbitration at the Polish Chamber of Commerce, Poland’s largest and oldest arbitral institution, adopted new arbitration rules which came into force on 1 January 2025. The new rules modernize the arbitral procedure in line with solutions adopted by other international arbitral institution. They are aimed at making arbitration at the Court an attractive option for resolution of disputes coming from Central and Eastern Europe.
Warsaw will no longer be a default seat of arbitration, and Polish language will no longer be the default language of arbitration. Absent the parties’ agreement, the arbitral tribunal will decide on the seat and the language of arbitration.
The new rules do not contain a long-standing clause providing that the presiding arbitrator and the sole arbitrator have to be chosen only from the list of recommended arbitrators complied by the Court. From now this list serves only as a guide for parties who do not know who to appoint as an arbitrator for their dispute.
A request for arbitration has become the only way to commence the proceeding. So far the parties could also commence proceedings by filing a full statement of claim but this solution proved ineffective and cumbersome both for the parties and tribunals.
It is clear now that the tribunal may order all communications to be conducted in electronic form irrespective of a party’s opposition to this solution.
A new procedure before an emergency arbitrator was introduced. Before the arbitral tribunal is constituted, the emergency arbitrator may issue an order on an interim measure to secure a claim or preserve evidence.
As a rule, the arbitral tribunal is to set a date for a case management conference within 14 days from the date on which the file was transmitted to it. If the Arbitral Tribunal does not set the date, it has to issue the procedural order no 1 within 21 days.
A party may apply for early determination of each of the claims made by the parties, or early determination of a defence or an issue in dispute, if its claim, defence or position on the issue in dispute is manifestly meritorious, or a claim, defence or position of the other party on the issue in dispute is manifestly without merit.
The tribunal should render the award within six months from the date on which the file was transmitted to it, but no later than two months from the last day of the hearing or the date of the last written submission by a party.
A new definition of an interim award allows the tribunal to decide any substantive issue in it.
After the award has been sent to the parties, at the request of a party, the Court will email a copy of the award to that party. Sending the electronic copy of the award does not constitute delivery of the award.