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Arbitration proceedings
We advise Polish and foreign clients on all stages of the dispute resolution process in the state courts and in arbitration. Apart from providing comprehensive legal advice, we also offer businesses and their legal counsel insight into alternative dispute resolution (ADR)—methods of resolving disputes outside the state courts. These methods can often be faster, cheaper, more effective and more controlled by the parties.
We will conduct a free workshop on arbitration management at your company:
•
How to construct a proper arbitration clause
•
Issues to consider when choosing an arbitrator
•
How to prepare for a potential dispute
•
Possible ways to manage costs in arbitration
•
Issues related to enforcement of an arbitration award
Remember that a dispute:
•
Involves people and wastes their time
•
Freezes financial resources
•
Detracts from your core activity, which is business and not litigation
•
Most often concerns complex issues specific to your industry
Keys to arbitration:
•
A properly constructed arbitration clause
•
Selecting an arbitrator competent in the relevant area to resolve the specific dispute
•
Control over the handling of evidence
•
Control over the costs of the proceedings
•
Post-arbitration proceedings—events following issuance of the award
Why choose arbitration?
•
More than 1.7 million commercial cases per year are filed with the Polish state courts, but just over 200 cases reach the two largest Polish arbitration courts.
•
The average duration of proceedings at the first instance in state courts is 2–3 years, but in arbitration about 10–12 months.
•
In state court the parties have no influence over the choice of experts, but in arbitration experts are chosen by the parties.
•
In state court the case is heard by a judge who is not a specialist in the field, but in arbitration the case is heard by a competent arbitrator chosen by the parties.
•
In state court recovery of attorneys’ fees is limited to the modest rates set in a regulation of the Minister of Justice, while in arbitration the party can receive full reimbursement of its legal costs.
•
Hearings in commercial litigation are public, but arbitration hearings are confidential.
We promote knowledge of ADR
We put our beliefs into practice, helping spread knowledge about ADR methods. Among other projects, we run the LepszaTaktyka.pl blog, where we dispel ADR myths and frankly discuss the advantages and disadvantages of arbitration.
We also support initiatives of such institutions as the International Institute for Conflict Prevention and Resolution, the Lewiatan Court of Arbitration, and ICC Polska. Our lawyers serve on the Corporate Counsel Advisory Board of the ADR Committee of ICC Polska, which aims to develop best practice for effective management and settlement of business disputes.
We will conduct a free workshop on arbitration management at your company:
- How to construct a proper arbitration clause
- Issues to consider when choosing an arbitrator
- How to prepare for a potential dispute
- Possible ways to manage costs in arbitration
- Issues related to enforcement of an arbitration award
Remember that a dispute:
- Involves people and wastes their time
- Freezes financial resources
- Detracts from your core activity, which is business and not litigation
- Most often concerns complex issues specific to your industry
Keys to arbitration:
- A properly constructed arbitration clause
- Selecting an arbitrator competent in the relevant area to resolve the specific dispute
- Control over the handling of evidence
- Control over the costs of the proceedings
- Post-arbitration proceedings—events following issuance of the award
Why choose arbitration?
- More than 1.7 million commercial cases per year are filed with the Polish state courts, but just over 200 cases reach the two largest Polish arbitration courts .
- The average duration of proceedings at the first instance in state courts is 2–3 years, but in arbitration about 10–12 months .
- In state court the parties have no influence over the choice of experts, but in arbitration experts are chosen by the parties .
- In state court the case is heard by a judge who is not a specialist in the field, but in arbitration the case is heard by a competent arbitrator chosen by the parties.
- In state court recovery of attorneys’ fees is limited to the modest rates set in a regulation of the Minister of Justice, while in arbitration the party can receive full reimbursement of its legal costs.
- Hearings in commercial litigation are public, but arbitration hearings are confidential .
Related services
We promote knowledge of ADR
We put our beliefs into practice, helping spread knowledge about ADR methods. We support initiatives of such institutions as the International Institute for Conflict Prevention and Resolution, the Lewiatan Court of Arbitration, and ICC Polska. Our lawyers serve on the Corporate Counsel Advisory Board of the ADR Committee of ICC Polska, which aims to develop best practice for effective management and settlement of business disputes.
