Arbitration proceedings can be defined as amicable settlement of disputes. The very term “arbitration” is not employed by the Polish law explicitly – instead, its synonym – court of conciliation – is used.
For a given dispute to be the subject of arbitration proceedings, the consent of the parties of the legal relationship – the source of the dispute – must be expressed. The consent is for bringing the case before the court of conciliation and it may be indicated in the subject matter of the legal relationship, namely it can appear in the agreement itself in the form of the so-called arbitration clause. Alternatively, the aforementioned consent may be stipulated in a different agreement – accessory (additional) to the main legal relationship. The arbitration proceedings are becoming more and more popular as they often prove much cheaper and faster than the ordinary proceedings held before state courts.
On one hand, the arbitration clause has the legal effect of making a court of conciliation competent for settling disputes falling under the agreement. On the other hand, it rules out the competence of the state courts.
All the states that decided to incorporate provisions on arbitration in their legislation have also determined the specific fields within which the disputes can be settled through arbitration. In Poland, the principle is that through this method only the property rights disputes can be settled, with further exclusion of alimony and employment disputes.
The services provided by CGO Legal law firm are not limited to representing the Client in the proceedings before common courts. We also provide legal representation before courts nationwide. On top of that, we are experienced in effective preparation and realization of arbitration clauses – including foreign arbitration.