Arbitration

The arbitration practice of Jabłoński Kozminski & Partners was established in connection with the dynamic development of the law firm, including, in particular, successive successful cases before arbitration courts. In addition, we wanted to give clients solid theoretical knowledge combined with the right choice of substantive law, rules of procedure, mode, strategy and finally representation…

Legal nature of the dispute before the arbitration court Arbitration, like proceedings before a state court, aims to settle a dispute with authority. Judgment is key, while an arbitration settlement is also possible. The arbitration court, although less formalized, is contentious in nature. The tribunal conducts evidentiary proceedings, including questioning witnesses/parties, providing (often with state…

The extent of the parties’ freedom Unlike a state court (litigation), an arbitral tribunal (arbitration) is generally not bound by (1) statutory substantive law, or (2) state procedural regulations. Together, they constitute the “rules of the game” in any arbitration: institutional, ad hoc, administered. Therefore, as a party, it is worthwhile to be proactive, and…

Which arbitration When deciding to arbitrate, the parties determine the type of arbitration. In practice, this involves arbitration: (1) before a permanent arbitral tribunal, (2) ad hoc, or (3) administered. Permanent arbitration courts usually hear “larger caliber” cases, including international cases. They also enjoy a certain reputation. They have their own infrastructure, and maintain lists…

Arbitration courts are generally treated as the “younger brothers” of state courts. What is interesting Is that historically it was the other way around and arbitration is older. There are multiple reasons why over the years the state judiciary gained primacy and knowledge concerning arbitration began to disappear. To revitalize this knowledge, we are providing…

Embedded firmly in the common law legal order, the maxim “justice delayed is justice denied” deserves some reflection. Its reliability, however, should be supported by numbers. According to the most current data from the Ministry of Justice[1], in 2021. common courts received 1,492,182 cases, of which district courts received 89,056 cases[2]. It did not specify…

Arbitration (arbitration) court is often considered a “private court” or “alternative” to a state court. To submit a dispute to an arbitral tribunal (award), the parties enter into an arbitration agreement (arbitration clause, arbitration clause), based on which either existing (compromise clause) or future disputes can be resolved. Polish law provides for a very wide…