R U L E S
of the Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw
The Court of Arbitration
- The Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw, hereinafter referred to as the “Court”, the “Court of Arbitration” or the “Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw,” is a permanent court of arbitration.
- The seat of the Court is located in Warsaw.
- The internal organization and the rules of the Court are set forth in: the By-laws of the Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw hereinafter referred to as the “By-laws” and the Rules of the Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw hereinafter referred to as the “Rules” or the “Rules of the Court”.
- The Court uses a round seal.
- The proceeding at the Court consists of two instances.
- The Court’s organisational structure includes the Mediation Centre of the Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw, hereinafter referred to as the “Mediation Centre”.
Jurisdiction of the Court
- The Court of Arbitration has jurisdiction if:
- the parties stipulated in their agreement that any disputes which arose or may arise between them in connection with a specific legal relationship would be resolved by the Court (an arbitration clause designating the Court),
- the defendant who was served with a lawsuit, along with the claimant’s request for submission to the jurisdiction of the Court, consented in writing to the jurisdiction of the Court,
- the arbitration clause designating the Court was incorporated into the articles of association or charter of a commercial company, civil partnership or into the by-laws of a cooperative, foundation or association,
- the parties decided that the disputes which arose between them shall be resolved by ad hoc arbitration administered by the Court of Arbitration.
- The Mediators at the Mediation Centre conduct mediation on the basis of the following:
- motion to conduct proceedings aimed at settling a dispute by consent,
- mediation agreement,
- decision by a common court on referring the parties to mediation.
Scope of Jurisdiction
The parties may submit to the Court for resolution any disputes involving property or non-property rights – which may be subject to an in-court settlement, with the exception of cases involving alimony.
- The Jury alone shall resolve issues involving the jurisdiction of the Court and the existence, validity (effectiveness) as well as the scope of the arbitration agreement (arbitration clause); mediation agreements shall be resolved only by the mediator.
- Any objection that the Court lacks jurisdiction should be raised before any step is taken on the merits. The Jury may, however, consider such objection afterwards if a delay in filing is justified.
- If the objection that the Court lacks jurisdiction is accepted, the lawsuit shall be rejected at a hearing or at a closed meeting.
Place of the Proceeding
- The place of proceeding shall be in the Court, unless otherwise agreed by the parties.
- After hearing the parties, the Jury may determine a different venue as the place of proceeding if this is justified by the subject matter of proceedings, the circumstances of the case or the parties’ convenience.
- Any hearings or other actions may be conducted outside of the place of proceeding, in a venue to be indicated in a decision by the Jury.
Principles Governing the Proceedings
- Unless otherwise agreed by the parties, the parties shall be bound by the Rules being in effect on the date of conclusion of the arbitration clause designating the Court.
- The Jury, in applying the provisions of the Rules, shall take into account the provisions of the arbitration agreement (arbitration clause) and the principles and manner of conduct before the Court, as agreed by the parties.
- Unless otherwise agreed by the parties, the provisions of these Rules shall apply to ad hoc proceedings.
Equal Treatment of Parties
- The Jury is required to treat all parties equally, by acting in an impartial manner.
- Each party has the right to make, and the Court is required to hear, any submissions and allegations relevant to the resolution of the case as well as evidence in support thereof or in refutation of any submissions and allegations of the opposing party.
Governing Substantive Law
- The Jury shall resolve a dispute pursuant to the law applicable to the relationship concerned and – provided that it was authorized to do so by the parties – pursuant to the general rules of law or equity (ex aequo et bono). In each and every case, however, the Jury shall take into account the provisions of the agreement and the established customs which are applicable to the legal relationship concerned.
- To all matters not settled herein, the provisions of the Polish Civil Code shall apply mutatis mutandis.
Language of Arbitration
- The parties may agree the language – i.e. Polish, English, French, German or Russian – in which the proceeding shall be conducted. Unless otherwise decided by the parties, the above stipulation shall apply to all written submissions and statements of the parties, to the hearing as well as any rulings and notices of the Court.
- If the parties fail to agree the language of arbitration, the proceedings shall be conducted in Polish. However, by taking into account the respective positions of the parties and the circumstances of the case, particularly the language of the parties’ agreement, other documents adduced as evidence in the case and the language(s) in which witnesses, experts and the parties were heard, the Jury may decide to use a language other than Polish for specific actions in the proceedings.
- The Chairman of the Jury appoints an expert interpreter for the entire proceedings or a part thereof, if the proceedings are conducted in a language other than Polish.
- The Jury may decide that every document prepared in a language other than Polish has to be translated into the language of proceedings or demand that the parties to the proceedings append a translation of any documents submitted by them with regard to the case.
- If the proceedings are conducted in a language other than Polish, any records of a hearing and written submissions filed by the parties or made by the Jury shall be translated into Polish by a translator approved by the Jury.
- The costs of interpretation at a hearing and translation of documents shall be borne by the parties pursuant to the principles laid down by the Jury.
Rule of Due Diligence
In all matters, the Court and the Jury shall make every effort to ensure that the award issued is effective and enforceable within the meaning of applicable provisions governing the recognition and enforcement of arbitral awards.
Service of Letters and Written Notices
- A party shall conduct actions in the proceedings within a term of 14 days following the receiving of the letter, unless the Jury decides otherwise.
- Letters and written notices in the proceedings shall be served upon a party and, if the party appointed a legal representative or an attorney for service of process, they shall be served upon such legal representative or attorney.
- Unless otherwise decided by the parties, each letter and written notice in the arbitral proceedings shall be deemed served if it has been delivered to the recipient in person or delivered to his seat, regular place of residence or to the mailing address indicated by him.
- If the recipient is an entrepreneur or other entity recorded in the relevant court register or other public register, any letter and written notice shall be deemed served if it reached the address indicated in the register, unless the party concerned indicated a different address for service.
- If none of the places mentioned in the preceding paragraphs can be established by acting with due diligence, each letter and written notice shall be deemed served if it was sent to the last-known address of the recipient’s seat or its last-known regular place of residence. In such event, it is deemed that a given document was served on the last day of the period in which the recipient could collect it.
Confidentiality of Proceedings
- Any proceeding before the Court shall be confidential.
- All participants in proceedings before the Court shall abide by the principle of confidentiality, taking into account the extent that the parties agreed the said principle in an agreement or in their mutual declarations, submitted to the Court in writing or appended to the record of the hearing. The parties may agree that the very fact of commencement of proceedings shall be deemed confidential.
- The Jury or, before its appointment the President of the Court, can decide, at the motion of the party, to apply measures aimed at preserving the business and trade secrets or any other confidential information relating to the party to the proceeding or third party.
Excluding the Possibility of Raising Objections
If the principles and manner of conduct before the Court, as agreed by the parties, or if above were not agreed by the parties the provisions of these Rules are contravened, it shall be deemed that a party which was aware of such contravention and failed to raise an objection immediately, however not later than in 7 days, has waived its right to object to such contravention in proceedings before the Court or in the motion to set aside an award of the Court by a common court.
The Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw, its governing bodies and employees, the governing bodies of the Court, its arbitrators, mediators and employees shall not be held liable for any damages arising out of any acts or omissions in connection with the arbitration or mediation proceedings, unless such damage was caused intentionally.
Arbitrators and Mediators
Qualifications of an Arbitrator and Mediator
- A natural person having full capacity for acts in law, enjoying full civil rights and possessing qualifications useful to perform the duties of arbitrator or mediator, can become an arbitrator and/or mediator.
- An arbitrator and mediator shall be impartial and independent and shall perform their duties according to their best knowledge and skills.
- An arbitrator and mediator cannot undertake to perform their duties if the circumstances of a given case give rise to justified doubts as to their impartiality or independence and if they do not possess the qualifications specified in the parties’ agreement.
- An arbitrator and/or mediator shall be required to disclose to the arbitrators and the parties any such circumstances as may give rise to doubts as to their independence or impartiality, most notably their direct links to, and professional contacts with, the parties or related entities as well as legal representatives of the parties and their law offices or the companies in which they practice their profession if such links or contacts have occurred during the last three years.
- A written statement of non-acceptance of appointment must be transmitted immediately by an arbitrator or mediator to the President of the Court, so that another arbitrator/mediator may be appointed/nominated.
- An arbitrator and/or mediator submits a written statement of independence and impartiality before being provided with the case file.
- Subject to § 50 Sec. 1 a mediator cannot participate as an arbitrator or a legal representative of a party in arbitral proceedings in a case that was subject to mediation.
Lists of Arbitrators and Mediators
- The Court maintains a List of Arbitrators Recommended by the Court of Arbitration at the Centre for Arbitration and Mediation of Transport Sp. z o.o. (ltd) in Warsaw, hereinafter referred to as the “List of Arbitrators” and a List of Mediators of the Mediation Centre of the Court of Arbitration at the Centre for Arbitration and Mediation of Transport Sp. z o.o. (ltd) in Warsaw, hereinafter referred to as the “List of Mediators”. The List of Arbitrators is divided into two parts: a List of Arbitrators-Lawyers and a List of Arbitrators-Professionals.
- The List of Arbitrators and the List of Mediators may include only natural persons having full capacity for acts in law, impeccable moral character, enjoying full civil rights and possessing qualifications useful to perform the duties of arbitrator or mediator.
- The Committee of the Court, acting at the motion of the President of the Court, makes a decision on including arbitrators and mediators in, and striking them from, the List of Arbitrators and the List of Mediators.
- The List of Arbitrators and the List of Mediators should include the following: name and surname of the arbitrator or mediator, university degree and professional titles, profession, command of foreign languages, as well as description of other qualifications and skills useful in arbitral or mediation proceedings. Arbitrators and Mediators shall also provide other personal data for internal use of the Court.
Principles for Appointing Arbitrators
- The Secretary shall invite each party to appoint an arbitrator from the List of Arbitrators within no more than 2 weeks. At the same time, the Secretary shall send the List of Arbitrators to the parties. If no arbitrator is appointed by the party/parties, the President of the Court shall nominate the arbitrator/arbitrators.
- The Secretary shall invite the arbitrators appointed by the parties or nominated by the President of the Court in the party/parties’ stead, to appoint Chairman of the Jury within 2 weeks. If the arbitrators fail to appoint Chairman of the Jury, the President of the Court shall nominate Chairman of the Jury.
- If the parties agreed that a specified third party is to appoint an arbitrator or Chairman of the Jury, and the said third party has failed to so appoint within the time limit fixed by the parties or – in the absence of such time limit – within one month after the Secretary has invited the said third party to make the appointment, the arbitrator or Chairman of the Jury shall be nominated by the President of the Court, unless otherwise decided by the parties.
- If the President of the Court is appointing the arbitrator/arbitrators and the parties are citizens of different countries, leave in different countries or have a registered seat in different countries, the President of the Court shall take into account the nationality, place of living and other connections between the arbitrators and those countries.
- The term „Jury” shall mean three arbitrators appointed/nominated to resolve a dispute pursuant to the provisions of these Rules.
- Each Jury shall consist of at least one arbitrator from the List of Arbitrators-Lawyers and one arbitrator from the List of Arbitrators-Professionals.
- If both parties nominated arbitrators from the List of Arbitrators-Lawyers, the Chairman of the Jury must be appointed/nominated from the List of Arbitrators-Professionals.
- If both parties nominated arbitrators from the List of Arbitrators-Professionals, the Chairman of the Jury must be appointed/nominated from the List of Arbitrators-Lawyers.
- If there is more than one person acting as claimant or defendant, such persons jointly appoint one arbitrator within the time limit fixed in § 17 Sec. 1.
- If not appointed under the procedure set forth in Sec. 1, the arbitrator shall be appointed by the President of the Court.
- Any summonses or other communications from the Court and the parties shall be addressed to all persons acting as claimant or defendant and, where the said persons have appointed their attorneys for service of process, the same shall be addressed to such attorneys.
Agreement with an Arbitrator
- The Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw shall conclude an agreement with an arbitrator (the “Agreement with an Arbitrator”), whereby the latter shall undertake to duly fulfill the duties of arbitrator for a remuneration.
- In the event of a refusal or inability to conclude the agreement referred to in Sec.1, the procedure set forth in § 17 shall apply mutatis mutandis, provided, however, that in case of another refusal or inability to conclude the agreement, the arbitrator shall be nominated by the President of the Court.
Challenge of arbitrator
- An arbitrator can be challenged only if there are circumstances giving rise to justified doubts about his independence or impartiality and/or if he lacks the qualifications specified in the parties’ agreement or in these Rules. If the parties fail to determine the mode of operation concerning the challenge of an arbitrator, the provisions of these Rules shall apply.
- The party challenging an arbitrator shall file a written request with the President of the Court through the Secretary, citing the circumstances justifying its demand (grounds for challenge).
- A party can challenge an arbitrator within two weeks after becoming aware of the grounds for such challenge. Upon lapse of this period, the party shall be deemed to have waived its right to challenge an arbitrator on such grounds.
- A party can challenge the arbitrator whom the party itself has appointed, or participated in the appointment thereof, only on the grounds of which it learned after the arbitrator’s appointment.
- The Secretary shall provide the other party and the arbitrators with a copy of the challenge of an arbitrator, so that they may express their position on the contents of the motion within the time limit fixed, not exceeding 14 days.
- The President of the Court decides on the challenge of an arbitrator in the form of a decision requiring no justification.
- Submission of a challenge of an arbitrator shall not affect the conduct of proceedings, unless otherwise decided by the Jury.
Replacement of Arbitrator and Continuation of Proceedings
- An arbitrator shall be replaced in the event of his death, resignation, challenge, removal by the parties or by the President of the Court by way of a decision and in the event of a refusal or inability to conclude the Agreement with an Arbitrator.
- An arbitrator may resign at any time by filing a written statement with the President of the Court and giving the reasons for such resignation therein. If such resignation is made for no important reasons, the arbitrator shall be liable for any resulting damage.
- The parties may at any time remove any arbitrator by submitting a joint statement in writing to the President of the Court. If there is more than one person acting as claimant or defendant, a joint statement of all such persons is required.
- Each party may request that the President of the Court issues a decision on removing an arbitrator who is not fulfilling his duties in due fashion, most notably if it is evident that the arbitrator will not perform his tasks in a timely manner, or if he delays the performance of such tasks without any valid reason. Due to the extraordinary reasons, the President of the Court can issue such a decision ex officio.
- The President of the Court shall make a decision on repeating the appointment of the arbitrator having been appointed by the parties, the party or arbitrators.
- The President of the Court shall make a decision on repeating a part or the whole of proceedings with the participation of a new arbitrator.
- In case of the second resignation or removal by the parties or the President of the Court of an arbitrator having been appointed by one and the same party, the other party may, within one week after the day it has learned of the arbitrator’s resignation or removal, demand that the President of the Court nominates an arbitrator in that party’s stead. The above provision shall also apply in the event of any further resignation or removal of an arbitrator.
Proceedings before the Court of First Instance
- Arbitral proceedings are commenced by filing a lawsuit.
- If an award of the Court of Arbitration is set aside by a common court, the proceedings in the case are resumed at the request of one of the parties.
- If a common court suspends the proceedings to set aside an award of the Court of Arbitration, in order to remove the grounds for setting aside the said award the Jury resumes the proceedings in the case at the request of one of the parties.
Conservatory and Interim Measures
- Unless otherwise agreed by the Parties, the Jury may, on the motion of a party which has substantiated the claim being asserted, decide to secure a claim in any manner it may find appropriate in view of the subject matter of the dispute. The Jury shall issue a decision along with a justification and may make the execution thereof contingent upon the party concerned posting appropriate security.
- The decision referred to in Sec. 1 is enforceable after an exequatur (enforcement clause) is granted by the common court and may be amended or set aside by the Jury on the motion of a party.
- The parties may file requests for conservatory measures with a common court and to secure evidence in connection with the arbitration proceeding. Submission of such requests by parties to arbitration proceedings shall not be deemed contrary to the arbitration agreement. The parties are required to inform the Court in writing of any conservatory measure so obtained.
- At the request of a party, the Jury may decide to secure evidence if it is necessary due to the circumstances of the case. A decision on securing evidence requires justification.
- A party files a lawsuit with the Court in the language of proceedings and, whenever Polish is not the language of proceedings, together with a translation into that language, by attaching the necessary number of copies for each of the defendants and for each arbitrator.
- A lawsuit should:
- name the parties of the proceedings and indicate their respective addresses, and – in the case of entrepreneurs, cooperatives, foundations and associations – include excerpts from the court register or any other public register,
- indicate the arbitration agreement (arbitration clause) or any other ground for the jurisdiction of the Court,
- specify the amount in dispute,
- specify exactly the claim, together with the reasons, and cite evidence in support of the circumstances alleged,
- contain a document confirming that the party paid the arbitration fee.
- A lawsuit shall also name the arbitrator appointed by the party concerned or a motion for an arbitrator to be nominated by the President of the Court.
- If a party appoints a legal representative, the lawsuit should be accompanied by the original or a certified copy of a power of attorney, together with the address of the legal representative.
- If the parties do not agree otherwise, the lawsuit can be modified or supplemented during the course of proceedings, unless the Jury deems it impermissible.
- Withdrawal of a lawsuit without waiving the claim is effective after the other party has expressed consent or if it had occurred before the hearing was scheduled.
- If the claimant withdraws the lawsuit and waives its claim before the appointment/nomination of the Chairman of the Jury, the President of the Court shall discontinue the proceedings.
Payments and Curing Deficiencies in the Lawsuit
- The Secretary shall call upon the claimant to pay within the fixed time limit not exceeding two weeks an arbitration fee; and if the lawsuit does not meet the requirements set forth in § 25 Sec. 1 and 2, he shall call upon the claimant to cure its deficiencies. The fees are specified in the “Tariff of fees of the Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw,” hereinafter referred to as the “Tariff of fees,” in effect on the day the lawsuit is filed. If the claimant fails to cure deficiencies in the lawsuit or fails to pay in full the arbitration fee within the time limit, the Secretary shall order the lawsuit returned.
- If it is evident that the Court of Arbitration lacks jurisdiction, the Secretary shall immediately, without resolving the issues of the existence, validity (effectiveness) and scope of the arbitration agreement (arbitration clause), bring it to the attention of the claimant, calling upon the claimant to express its position in writing within the fixed time limit not exceeding 14 days. If the claimant does not reaffirm the lawsuit, the case shall be regarded as not having been initiated. If the claimant reaffirms its position on the jurisdiction of the Court of Arbitration and the time limit fixed expires to no effect, Sec. 1 shall apply.
- In the case of justifiable doubts, the Jury may determine the actual amount in dispute. The provisions of Sec. 1 shall apply mutatis mutandis.
Submissions During the Course of Proceedings
- The parties shall submit to the Court the same number of copies of any written submissions during the course of proceedings as in the event of the lawsuit.
- During the proceedings the party shall deliver any written submissions directly to another party.
- Sec. 2 does not apply if the party is filing the Court with a counter-lawsuit (defined in § 29).
Statement of Defence
- Following commencement of proceedings and payment of the arbitration fee, the Secretary shall serve the respondent with the lawsuit, along with information about the Court’s webside on which these Rules and the List of Arbitrators are listed, and shall invite the respondent to file the statement of defence within 14 days.
- The lack of a statement of defence shall not halt the proceedings.
Counter-lawsuit and Set-off Claim
- Until closing of the first hearing, the defendant may file a counter-lawsuit if the defendant’s counterclaim is related to the claim of the claimant or if it can be set off and if the Court is competent to hear such counter-lawsuit.
- The provisions of these Rules governing a lawsuit shall apply to any counter-lawsuit mutatis mutandis. The Jury appointed to hear the main lawsuit shall examine the counter-lawsuit.
- Until the hearing is closed, the defendant may claim a set-off if the defendant’s claim is fit for a set-off against the claimant’s claim.
- At the request of the parties, made before the hearing is closed, the Jury may decide on combining, for joint consideration, a claim brought to the Court of Arbitration in a different case between these parties.
Admitting Third Party to Participate in Pending Proceedings
- A third party may be allowed to participate in pending arbitral proceedings with the consent of the parties, pursuant to a decision by the Jury.
- The Secretary shall invite the person named in the decision of the Jury to timely pay an arbitration fee in the amount specified in the “Tariff of fees” being in effect on the day the lawsuit is filed. If the said third party fails to pay the arbitration fee within the time limit fixed, it shall not be allowed to participate in the proceedings.
- A third party is not entitled to appoint an arbitrator.
Suspension and discontinue of Proceedings
- The Jury shall suspend proceedings at the joint request of the parties.
- The Jury may, not earlier than after the statement of defence is filed or after the time limit for filing the said statement expires to no effect, suspend the proceedings:
- at the request of the claimant;
- at the request of the defendant due to other pending proceedings on the outcome of which the resolution of the case depends;
- ex officio if there are circumstances preventing the case from being continued.
- The Jury may decide to resume the proceedings at the request of a party, or ex officio if the reason for suspension of proceedings has ceased to exist. However, the Jury may resume proceedings suspended due to the reason specified in Sec. 2 let. b according to the circumstances, also prior to the final termination of the proceedings due to which such stay occurred.
- The Jury may, by way of a decision, discontinue suspended proceedings at the request of the parties or a party if:
- the parties file a joint motion to this effect,
- neither party files a motion to resume the proceedings before lapse of one year from the date of issuance of a decision on suspension, nor does it object within this time-frame to the discontinuance thereof.
- The Jury shall decide to discontinue the proceedings whenever:
- the claimant withdraws the lawsuit, unless the defendant opposes and the Jury decides that he has a legal interest in settling the case,
- further proceeding has become useless or impossible to continue.
- The Jury shall examine the case at a hearing, unless the parties agree that the proceedings will be conducted without any hearing being scheduled or if the parties exhaustively present all such circumstances as they deem relevant to the defense of their rights, and the Jury finds the case to be sufficiently clarified to be resolved without any hearing being scheduled. The Jury shall consider the case at a hearing if so requested by one of the parties which did not agree that the proceedings would be conducted without a hearing being scheduled.
- The hearing shall be non-public. In addition to the parties and their legal representatives, the hearing can be attended only by the persons summoned and, with the consent of the parties and the Jury, by other persons as well – no more than two persons to be indicated by each party. The hearing may be attended by the President of the Court, his deputies, the Secretary and the recording clerk.
- The Chairman of the Jury shall fix the date of the hearing, however taking into account the motions of the parties, who want to attend the hearing in person. The Chairman of the Jury shall issue orders necessary to prepare the hearing, so that the case, insofar as possible, may be resolved after the first hearing. The Secretary shall notify the parties of the date and place of the hearing.
- The Chairman of the Jury shall preside over the hearing.
- The absence at a hearing of a party or its legal representative, duly notified thereof, does not halt the proceedings.
- The Jury shall exercise its own judgment to make decisions about evidentiary motions of the parties. In particular, the Jury may take evidence from documents, by inspection, through hearing witnesses and the parties, from experts’ opinions as well as any other evidence it may deem necessary for the matter to be clarified. The Jury may also take from the parties and witnesses sworn statements, as well as demand that the parties deliver the relevant information to an expert and submit or provide any documents or other objects for examination.
- Unless otherwise agreed by the parties, after submitting his opinion in writing, an expert shall, at the request of a party or if the Jury deems it necessary, participate in a hearing in order to provide explanations and answer any questions of the parties and of the Jury.
- The Jury shall assess the reliability and strength of evidence in its own judgment, after having considered the material in a comprehensive manner. On that basis, the Jury shall assess how to react to any refusal by a party to produce evidence or to any obstacles a party may put in the way of evidence being taken.
- If there is a need to take any evidence outside of the place of hearing, the Jury may entrust this task to one of the arbitrators. The parties and their legal representatives are entitled to participate in the conduct of evidentiary proceedings by an arbitrator designated by the Jury.
- If need be, the Jury may request that the court of competent jurisdiction take any evidence or perform any such action as the Jury itself cannot perform.
- The Court shall charge advance payments on any actions carried out by the Jury pursuant to the “Tariff of fees” being in effect on the day the lawsuit is filed.
Record of Oral Hearing
- Records are prepared from the course of a hearing and other actions by the Jury or any actions performed by an arbitrator designated by the Jury pursuant to § 33 Sec. 4. The recording clerk is the Secretary or any other person designated by him.
- The record shall be prepared in Polish, unless otherwise agreed by the parties. The recording clerk and the Chairman of the Jury shall sign the record.
- The course of actions included in the record may be recorded by means of any recording equipment registering sound and/or vision; in such case, all participants should be given advance notice thereof.
- The Court shall issue to the parties and their legal representatives – at their request – any certified copies of the records, awards and other documents in the case, charging fees defined in the Tariff of fees in effect on the day the lawsuit is filed and shall provide them with the opportunity to review the case file during business hours. The Court may, at the joint consent of the parties, deliver the record to the parties in the form of an electronic document. The record in the form of an electronic document can be signed by the recording clerk and certified by the Secretary.
- A party may demand that the Court correct or supply the record – not later, however, than in 7 days from the moment of receiving the record by the party.
Closure of a Hearing
- The Chairman of the Jury closes a hearing when the Jury deems the case sufficiently clarified or if he finds that the parties could present any and all circumstances which they deem relevant to the defense of their rights.
- The Chairman of the Jury may reopen a hearing if, prior to the issuance of an award, the Jury deems it necessary.
Awards and Decisions
- The Jury decides upon a case by issuing an award. The award shall be binding upon the parties.
- The President of the Court, the Committee of the Court and the Jury shall issue decisions in cases specified in these Rules and in other cases not requiring an award to be issued. The decisions cannot be appealed against.
- Upon the Jury is appointed, its competences are carried out by the Committee of the Court.
- An award should be issued within 30 days following closure of the case. The Chairman of the Jury may extend the above time limit by a specified period of time if this is necessary due to the complexity of the problems to be resolved or due to other circumstances of the case.
- The Jury shall issue an award after holding in camera deliberations involving a discussion and a vote on the award and, if need be, also on the fundamental reasons for the resolution. The award shall be made by the majority of votes. If one of the arbitrators refuses to participate in a vote, the other arbitrators may hold a vote without him.
- An arbitrator who does not agree with the majority in a vote may issue a dissenting opinion, making the relevant annotation besides his signature on the award. The said arbitrator may also append a justification for his dissenting opinion to the case file, which should be prepared within the same time as the justification for the award.
- The President of the Court may demand that the Chairman of the Jury provides the reasons for the Jury’s failure to issue the award within the time limit fixed in Sec. 1.
Contents of an Award
An award should:
- name the arbitrators and the parties as well as the date and place of issuance of the award,
- grounds for the jurisdiction of the Court (cite the clause submitting the dispute to the Court),
- contain a decision on all demands made in the lawsuit and on any demands made in the course of proceedings, together with a justification covering the reasons for which the Jury issued the award,
- contain a decision on the costs of the proceedings and attorney’s fees per one legal representative, according to his or her workload, up to the maximum amount of half of the arbitration fee in the case – however, the attorney’s fees are determined by the rules and stages binding in the proceedings before common courts,
- at the request of a party – it should contain a decision on the costs of travel and accommodations of the arbitrators, which encumber the said party and which are deducted from the advance payment with which it was charged by the Court to cover arbitration costs.
Partial Award and Preliminary Award
- The Jury may issue a partial award if a part of the demand or only some demands of the lawsuit or counter-lawsuit can be resolved.
- By issuing a partial award, the Jury may also adjudicate the entire relief requested in the lawsuit or counter-lawsuit.
- The Jury may issue a preliminary award, finding the claim justified in principle and continuing the proceedings (hearing) as to the disputed amount in the relief requested.
- Submission of a motion to set aside a partial or preliminary award shall not halt further proceedings in the case.
Form, Signature, Date and Delivery of an Award
- An award is made in writing and delivered to the parties of the proceedings following payment of all costs of the proceeding.
- The original copy of the award and all copies thereof must bear the signatures of all members of the Jury or at least two members of the same, specifying the reason for the lack of a signature of any of them, as well as bear the signatures of the Secretary and the President of the Court and the seal of the Court.
- In signing the award, the Secretary and the President of the Court state that the Jury was appointed in accordance with these Rules and that the signatures of members of the Jury are authentic.
- Prior to signing the award, the President of the Court may, without interfering in the merits of the decision, hand over the award to the Chairman of the Jury to make the necessary formal corrections and to rectify evident mistakes.
- Provisions of this section shall apply mutatis mutandis to the decisions of the Court finalizing the case.
Ruling in the Case of a Settlement Agreement
- If, after appointing the Chairman of the Jury, the parties conclude a settlement, the Jury shall:
- issue a decision on discontinuance of proceedings,
- at the request of the parties give the settlement agreement the form of an award.
- The essentials of the settlement agreement concluded before the Court should be incorporated into the record and certified by the signatures of the parties.
Correction and Interpretation of an Award
- A party may, within two weeks following receipt of the award, file a motion, delivering a copy thereof to the other party, to:
- resolve any doubts as to the contents of the award (interpretation of the award),
- rectify any inaccuracies, clerical or accounting errors or any other evident mistakes in the text.
- The Jury may also correct an award ex officio.
- Mention of correction of the award under a decision of the Jury is made on the original copy of the award and on any copies thereof. Any further copies of the award shall be issued along with the corrections.
- Any interpretation of the award by the Jury shall constitute an integral part thereof.
Supplementing an Award
- A party may, within one month following receipt of the award, file a motion, delivering a copy thereof to the other party, to decide upon any such demands made in the lawsuit or in the proceedings as the Jury failed to adjudicate in its award (supplement the award).
- If the Jury deems the motion well founded, it shall issue a supplemental award within no more than 30 days following submission of the motion. § 37 Sec. 1 sentence 2 shall apply mutatis mutandis.
- The Jury shall also issue an additional award in the event of resumption of proceedings pursuant to § 23 Sec. 3, after the actions indicated by a common court have been performed. The provision of Sec. 2 shall apply mutatis mutandis.
Publication of Awards
The Jury may express consent to publication of an award in whole or in part, ensuring the anonymity of, and respect for, the will of the parties of the proceedings.
Proceedings before the Court of Second Instance
- A party may appeal against an award of the Jury (the Court of First Instance) to the Jury of Second Instance (the Court of Second Instance).
- A party may file an appeal with the Jury within 14 days following receipt of the award.
- The provisions relating to the proceeding before the Court of First Instance shall apply mutatis mutandis to the proceeding before the Court of Second Instance.
Commencement of Mediation Proceedings
- Prior to the commencement of proceedings before an arbitration court or a common court, a party to the dispute may request that the Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw conduct, pursuant to these Rules, proceedings aimed at settling amicably the dispute specified in the request for mediation.
- A request for mediation should: name the parties, specify the relief requested along with the circumstances warranting it, bear the signature of the party and enumerate the attachments. If the parties concluded a mediation agreement in writing, a copy thereof should be attached to the request.
Payment of Mediation Fee and Demand the Other Party
- The Secretary shall call upon the petitioner to pay within the time limit fixed – not exceeding three weeks – the half of the mediation fee in the amount specified in the “Tariff of fees” being in effect on the date of submission of the request; if the motion does not meet the requirements laid down in §46 Sec. 2, the Secretary shall call upon the petitioner to cure the deficiencies.
- Following payment of the fees by the petitioner, the Secretary shall deliver the request to the opposing party and call upon it to submit a statement on its consent to participation in mediation proceedings and to pay half of the mediation fee within the time limit fixed not exceeding three weeks.
- If the opposing party does not consent for mediation proceeding to be conducted, the mediation fee paid by the petitioner shall be returned thereto.
- After the opposing party consents to mediation proceedings and pays half of the mediation fee, the Secretary shall invite the parties to appoint the mediator within no more than three weeks, at the same time sending the List of Mediators to the parties.
- If the parties do not appoint the mediator, the President of the Court shall nominate the mediator from among the persons included in the List of Mediators.
- The provisions relating to arbitrators, in particular: § 20, § 21, § 22 Sec. 1-5, shall apply to the mediator mutatis mutandis; provided, however, that the mediator shall be entitled to the rights of the Jury.
- Following receipt of the case file regarding the dispute, the mediator shall organize a mediation meeting, hear the parties and provide the parties with proposals for settling the dispute amicably.
- Prior to, or during the course of, the mediation meeting, the mediator may deal with the parties jointly or with each of them separately, in order to persuade them to conclude a settlement.
- The mediator should make efforts to ensure that the mediation proceedings are completed at the first meeting, unless otherwise decided by the parties and the mediator.
- No statements, explanations or motions of the parties made during the mediation meeting in connection with the possibility of settling the dispute amicably can be taken into consideration in arbitration or court proceedings, unless otherwise decided by the parties.
Completion of Mediation Proceedings
- If the parties agree to conclude a settlement agreement, the mediator shall draw up a record containing the terms and conditions and the body of the settlement agreement. Mediation proceedings are completed upon the signature of the record by the parties and the mediator.
- If mediation does not result in a settlement being concluded by the parties, mediation proceedings are terminated after the mediator appends to the case file his statement in writing to the effect that no settlement has been reached.
Giving the Settlement Agreement the Form of an Award
- Upon the joint request of the parties to give the settlement reached in the mediation proceedings the form of an award, the President of the Court shall appoint the mediator as an arbitrator authorized to issue an award.
- The Secretary shall call upon the parties to pay within the time limit not exceeding three weeks the arbitration fee due to the Court for resolving the dispute, taking into account any mediation fees paid. The amount of the arbitration fee is specified in the “Tariff of fees” being in effect on the date of submission of the motion.
- The provisions of § 36-40 and § 42-44 of these Rules shall apply to an award issued as a result of mediation proceedings mutatis mutandis.
These Rules shall become effective as of 1st October 2013.