General
provisions
§ 1
Status of the Arbitration Court, internal
organisation of the Arbitration Court
1. The Court of Arbitration at the Polish
Chamber of Commerce in Warsaw, (the "Arbitration Court", the
"Court" or the "Arbitration Court at PCC"), is a permanent
arbitration court, an independent separate organisational unit
operating at the Polish Chamber of Commerce in Warsaw
("PCC").
2. The internal organisation and operation of
the Court are regulated by the Statute of the Court of Arbitration
at PCC in Warsaw, being an Attachment hereto.
3. The deputies to the President of the Court
(Vice-Presidents) shall undertake the duties of the President of
the Court in matters submitted to them by the Presidium or the
President of the Court.
4. "Arbitral Tribunal" shall mean arbitrators
appointed to settle a dispute, or a sole arbitrator, pursuant to
the arbitration agreement and these Rules.
§ 2
Competence
l. The Arbitration Court shall be competent
if, under a valid arbitration agreement, the parties have submitted
disputes, which have arisen or which may arise between them in
connection with a specific contractual or non-contractual legal
relationship, for settlement by this Court as well as if the
parties decided that the dispute shall be settled by ad
hoc arbitration proceedings administered by the Arbitration
Court at PCC. In the ad hoc arbitration proceedings, the
President of the Court shall be a substituting appointment body and
the provisions of these Rules shall apply accordingly unless the
parties decided otherwise.
2. The Arbitral Tribunal shall have the power
to determine the competence of the Court as well as the existence,
validity and scope of the arbitration agreement.
3. In the event that the Court lacks
competence, the statement of claim shall be dismissed by the
Arbitral Tribunal at a hearing or at a closed meeting.
4. Any objection that the Court lacks
competence has to be raised before any step is taken in relation to
the substantive merits of the case.
§ 3
Place of the arbitration
proceedings
1. Warsaw shall be the place of the
arbitration proceedings, unless the parties agree
otherwise.
2. In the event that the parties have not
agreed as to the place of the proceedings the Arbitral Tribunal
upon a request of either party may determine another locality as
the place of the arbitration proceedings, if it is advisable with
regard to the circumstances of the case.
3. Meetings of the Arbitral Tribunal,
hearings and other activities may, at the order of the Arbitral
Tribunal, take place outside the seat of the Court or the place of
the arbitration proceedings.
§ 4
Rules of procedure
1. The Court and the Arbitral Tribunal, when
applying the provisions of these Rules, shall take into account the
provisions of the arbitration agreement and the rules of procedure
agreed by the parties, provided that they are not in conflict with
these Rules.
2. The Arbitral Tribunal shall act
impartially to allow the parties to present, in a proper manner,
circumstances which are essential to pursue or defend their rights.
The parties may present the Arbitral Tribunal with the
circumstances which they regard as essential for defending their
rights.
§ 5
Governing substantive law
1. The Arbitral Tribunal shall settle a
dispute pursuant to the law chosen by the parties or - if the
parties have not chosen the law - pursuant to general principles of
the law which is most closely connected with the legal relationship
to which a dispute relates.
2. The Arbitral Tribunal shall settle the
dispute pursuant to the principles of fairness (ex aequo et
bono) if the parties have authorised the Court to settle the
dispute on that basis.
3. In each and every case, the Arbitral
Tribunal shall take into account the provisions of the agreement
and the business customs which are applicable to the particular
contractual relationship.
§ 6
Service of written statements in
arbitration proceedings
1. Any written statement in arbitration
proceedings shall be deemed served if it is handed to a particular
addressee, served to the place of its business, to the place of its
usual stay or at its postal address.
2. A written statement in arbitration
proceedings shall be also deemed served if it has been sent to the
last known place of business or to the last known address of the
addressee indicated in an agreement, company's letterhead or
correspondence between the parties, by registered mail or in any
other manner which confirms trying to effect the
service.
3. A notice or a written statement shall be
deemed served on the day of service, pursuant to section 1 or
2.
§ 7
Excluding the possibility of raising
objections
A party which is aware of the fact that the
rules or provisions indicated in § 4 of these Rules, have not been
observed, who took part in arbitration proceedings and did not
raise a proper objection promptly shall be deemed to have waived
the right to object in the future. The provision above shall not
apply to provisions of law in force of the place of arbitration
proceedings.
§ 8
Exclusion of liability
An arbitrator, the Court, PCC and their
employees shall not be held liable for damages which arose as a
result of activities or omissions related to pending arbitration
proceedings.
§ 9
Due diligence principle
In any matters not governed by these Rules,
both the Court and the Arbitral Tribunal shall use due diligence so
that the award made is enforceable according to appropriate
provisions concerning recognition and enforcement of arbitration
court awards.
§ 10
Interpretation of the Rules
Titles of chapters and particular clauses of
these Rules shall not influence their interpretation.
Arbitrators
§ 11
Qualifications of an
arbitrator
1. An arbitrator must be a natural person
that has capacity to enter into legal transactions.
2. An arbitrator shall be impartial and
independent. An arbitrator performs his function pursuant to his
best knowledge and skills.
3. An arbitrator may not accept the function
if, in a given case, justifiable doubts exist with regard to the
arbitrator's impartiality or independence.
§ 12
Right of the parties to establish the
principles for appointing arbitrators
1. The parties may appoint as an arbitrator a
chosen natural person, save that a sole arbitrator and a presiding
arbitrator shall be appointed and nominated from among persons
entered in the list of arbitrators maintained by the
Court.
2. The appointment of arbitrators shall be
made pursuant to the provisions of these Rules.
§ 13
Number of arbitrators
1. The Arbitral Tribunal shall consist of
three arbitrators.
2. The Arbitral Tribunal shall consist of one
arbitrator if the parties so agree, or if the Presidium of the
Court does so due to the circumstances of a particular case, in the
event that the parties have not agreed.
§ 14
Principles of appointing
arbitrators
1. In the event that the Arbitral Tribunal is
composed of three arbitrators, the Secretary of the Court shall
call upon the parties to appoint one arbitrator each. The Secretary
of the Court shall send the parties a list of arbitrators
maintained by the Court. The parties may appoint an arbitrator from
outside the list. The parties shall appoint an arbitrator within a
period fixed by the Secretary of the Court. In the event that a
party does not appoint an arbitrator, then an arbitrator shall be
appointed by the President of the Court.
2. The Secretary of the Court shall call upon
the arbitrators appointed by the parties or appointed on behalf of
a party by the President of the Court, to appoint the presiding
arbitrator within the period fixed by the Secretary of the Court.
The presiding arbitrator shall be appointed from a list of
arbitrators maintained by the Arbitration Court. In the event that
the presiding arbitrator is not appointed by the arbitrators, one
shall be appointed by the President of the Court.
3. In the event that the Arbitral Tribunal is
composed of one arbitrator, the Secretary of the Court shall call
upon the parties to appoint the arbitrator. The sole arbitrator
shall be appointed from the list of arbitrators maintained by the
Court, which the Secretary of the Court sends to the parties. The
parties shall appoint an arbitrator within the period fixed by the
Secretary of the Court. In the event that the arbitrator is not
appointed by the parties, the arbitrator shall be appointed by the
President of the Court.
§ 15
Parties consisting of more than one
person
1. In the event that the claimant or the
defendant consists of two or more persons respectively, persons
acting as either party shall amicably appoint one arbitrator
together within the period fixed by the Secretary of the
Court.
2. In the event that the arbitrator is not
appointed by the party within the period fixed pursuant to section
1, the arbitrator shall be appointed by the President of the
Court.
3. The Secretary of the Court and a party
shall address all notices or other written statements to all
persons acting as either party.
§ 16
Disclosure by an arbitrator
1. An arbitrator shall provide a written
disclosure on his impartiality and independence. An arbitrator
shall disclose any circumstances which may give rise to justifiable
doubts as to his impartiality or independence.
2. In the event that a chosen arbitrator does
not make such a written disclosure within the period fixed by the
Secretary of the Court, an arbitrator shall be appointed by the
President of the Court.
§ 17
Challenge to an arbitrator
1. A party may challenge an arbitrator if
circumstances exist that give riseto justifiable doubts as to his
impartiality or independence. Either party, through mediation of
the Secretary of the Court, shall address the Presidium of the
Court with a written notice of challenge, along with reasons for
the challenge.
2. A party shall challenge an arbitrator
within 14 days after the reasons of his challenge became known to
that party. Upon the lapse of that period, a party shall be deemed
to have waived the right to challenge an arbitrator on account of
these reasons.
3. The Secretary of the Court shall serve a
copy of a notice of challenge of an arbitrator, on the other party
and on the remaining arbitrators along with a demand to take a
position with respect to the content of the notice within a period
fixed by the Secretary of the Court.
4. The Presidium of the Court shall provide a
settlement in the issue on the challenge in the form of a decision,
which does not require giving reasons.
§ 18
Replacement of an arbitrator and
continuation of proceedings
1. A replacement of an arbitrator shall be
made in the event of his death, resignation, challenge or if the
Presidium of the Court states, in the form of a decision, that the
arbitrator fails to perform his functions in an appropriate
manner.
2. An arbitrator, or a party may address the
Presidium of the Court with a request to state that a given
arbitrator fails to perform his functions in an appropriate manner.
The Presidium of the Court may issue such a decision ex
officio.
3. The Arbitral Tribunal, in the form of a
decision, shall decide on a repetition of appointment of an
arbitrator by the party, the parties or the arbitrators, or on a
transfer of the right to appoint the arbitrator to the President of
the Court.
4. The Arbitral Tribunal, in the form of a
decision, shall decide whether to conduct again the whole or part
of the proceedings, with the participation of the new
arbitrator.
§ 19
Confidentiality of proceedings before the
Arbitration Court
In the proceedings before the Court all
participants to the proceedings shall be bound by the principle of
confidentiality, taking into account the scope in which it was
established by the parties in the arbitration agreement or in their
consistent statements made to the Court in writing or to the record
of a hearing.
Proceedings before the Arbitration
Court
§ 20
Language of the proceedings before the
Court
1. The parties may freely agree upon the
language of arbitration proceedings: Polish, English, French,
German or Russian. In the event that they do not agree upon a
specific language, the proceedings shall be conducted in Polish
[,unless the Arbitral Tribunal decides otherwise]. The
language agreed by the parties or decided by the Arbitral Tribunal
shall be applied to hearings and any written statements in
arbitration proceedings.
2. The president of the Arbitral Tribunal
shall appoint an expert translator for the entire hearing that is
conducted in the language other than Polish.
3. Records of hearings shall be prepared in
Polish and translated into the language of the
proceedings.
4. Written statements filed by the parties or
made by the Arbitral Tribunal in a foreign language shall be
translated into Polish by a translator accepted by the Court or by
parties.
5. The costs of the participation of a
translator in a hearing and for the translation of documents shall
be borne by the parties in accordance with principles set out by
the Arbitral Tribunal.
§ 21
Commencement of proceedings
1. Commencement of proceedings before the
Court shall be made by filing of a statement of claim. A statement
of claim shall be filed with the Court along with a necessary
number of copies, marked for each defending person and one for each
arbitrator.
2. A statement of claim shall include the
following particulars:
1) the names and addresses of the parties to
the proceedings;
2) an exact specification of a claim, along
with its reasons and presentation of evidence to support the
mentioned circumstances;
3) reasons for the competence of the
Court;
4) an indication of the language of the
proceedings as well as the place of arbitration proceedings, unless
agreed otherwise in the arbitration agreement;
5) the value of the subject in
dispute.
3. A statement of claim may also indicate an
arbitrator appointed by a party, include a request for settling the
dispute by a sole arbitrator or a request for appointing of an
arbitrator by the President of the Court.
§ 22
Supplementation of defects of a statement
of claim
1. The Secretary of the Court shall call upon
the claimant to pay a registration fee and an arbitration fee
within a period fixed by the Secretary of the Court, however, not
shorter than 7 days, and to supplement the statement of claim in
case its content does not meet the requirements set forth in the
preceding clause. The amount of the registration fee and the
arbitration fee shall be specified in the "Tariff of Fees for the
Activities of the Arbitration Court at the Polish Chamber of
Commerce" binding on the day of filing the statement of claim,
constituting an attachment hereto (the "Tariff of
Fees").
2. In the event that the statement of claim
is not supplemented or the registration fee and/or the arbitration
fee is not paid in full within the period fixed by the Secretary of
the Court, the statement of claim shall be returned.
3. In the event that there is no arbitrator
indicated in the statement of claim, the Secretary of the Court
shall call upon the claimant to appoint an arbitrator, pursuant to
§ 14 hereof.
4. In the event that the claimant
discontinues a claim with a waiver of the claim prior to
appointment of a presiding arbitrator or a sole arbitrator, the
Presidium of the Court shall issue a decision on termination of the
proceedings.
5. Discontinuance of a claim without a waiver
of the claim shall be effective only upon consent of the other
party.
6. The Arbitral Tribunal may specify the
actual value of the subject in dispute during the first hearing.
The provisions of section 1 and 2 shall apply
accordingly.
§ 23
Defence
Upon the commencement of the proceedings and
payment of the registration fee and the arbitration fee, the
Secretary of the Court shall deliver the statement of claim to the
defendant together with these Rules and the list of arbitrators,
and call upon the defendant to file a response to the statement of
claim within the period fixed by the Secretary of the Court. The
Secretary of the Court shall notify the appointment of an
arbitrator by the claimant and call upon the defendant to appoint
an arbitrator pursuant to § 14 hereof.
§ 24
Submission of case file to the Arbitral
Tribunal
The Secretary of the Court shall submit the
case file to the appointed arbitrators.
§ 25
Counterclaim and plea of a
set-off
l. By the time the first hearing finishes,
the defendant may file a counterclaim if such a claim is related to
the claim of the claimant, or if the counterclaim can be set off,
and consideration of such a claim belongs to the competence of the
Court.
2. The provisions concerning a statement of
claim shall apply accordingly to a statement of counterclaim. A
statement of counterclaim shall be dealt with by the Arbitral
Tribunal appointed for the purposes of dealing with the statement
of claim.
3. By the time the hearing is closed, the
defendant may raise a plea of a set-off if the plea of a set-off is
in connection with the claim of the claimant.
§ 26
Further written submissions in the
arbitration proceedings
l. Further written submissions of the parties
in arbitration proceedings shall be filed with the Court in a
number of copies equal to the number of copies of a statement of
claim.
2. Upon the constitution of the Arbitral
Tribunal during the arbitration proceedings a party is obliged to
serve copies of the further written submissions, along with
attachments, directly to on the other party.
§ 27
Admission of a third party to participate
in pending arbitration proceedings
1. Admission of a third party to participate
in pending arbitration proceedings may occur upon consent of the
parties and subject to a decision of the Arbitral
Tribunal.
2. The Secretary of the Court shall call upon
a person indicated in the decision of the Arbitral Tribunal to pay
the arbitration fee within the period fixed by the Secretary of the
Court. The amount of the arbitration fee shall be specified in the
"Tariff of Fees for the Activities of the Court of Arbitration at
the Polish Chamber of Commerce" as of the day of filing the
statement of claim, constituting an attachment hereto.
3. Failing to pay the arbitration fee by a
person indicated in the decision of the Arbitral Tribunal shall
result in a third party not being admitted to the
proceedings.
4. A third party shall not be entitled to
choose an arbitrator.
§ 28
Stay of proceedings
1. The Arbitral Tribunal may stay the
proceedings upon a request of the parties or, in justified cases,
ex officio. At a request of a party or upon discontinuance
of the circumstances justifying the stay of the proceedings, the
Arbitral Tribunal shall reinstate the stayed
proceedings.
2. The Arbitral Tribunal shall issue an award
terminating the proceedings stayed upon a request of the parties if
a request to reinstate the proceedings is not filed within one year
following the date of the decision on the stay.
§ 29
Hearing
1. Hearings shall not be in
public.
2. The Secretary of the Court shall inform
the parties of the date and place of the hearing.
3. Hearings shall be chaired by the president
of the Arbitral Tribunal. A sole arbitrator shall exercise the
powers conferred on the president of the Arbitral
Tribunal.
4. If a party or its attorney-in-fact, having
been duly notified of the hearing, are absent, the proceedings
shall not be hampered.
5. The Arbitral Tribunal may decide the case
without a hearing upon a consistent request of the parties or if it
recognises a case as being sufficiently clear stating that the
parties have sufficiently presented circumstances which they deem
important to defend their rights.
6. Members of the Presidium of the Court may
be present at hearings.
§ 30
Evidence
1. The Arbitral Tribunal shall decide at its
own discretion in respect of an application as to evidence
submitted by the parties. In particular, the Arbitral Tribunal may
admit evidence of documents, may inspect goods, other property or
documents and hear the parties, witnesses and experts as well as
administer oaths.
2. The Arbitral Tribunal shall assess the
trustworthiness and the power of evidence as it sees fit, after
comprehensive consideration of the collected material. On this
basis, the Arbitral Tribunal shall assess the importance to be
ascribed to a refusal by a party to give evidence or to obstacles
put by the party in its conduct.
3. In the event that the need arises to
inspect evidence outside the place of the hearing, the Arbitral
Tribunal may authorise one of the arbitrators to inspect evidence
in this way, or may request a competent state court to do so, or
may inspect evidence in another appropriate manner.
4. The Court shall collect prepayments for
the activities conducted by the Arbitral Tribunal pursuant to the
Tariff of Fees binding on the day of filing of the statement of
claim.
§ 31
Record
1. Any hearing or activity of the Court shall
be recorded. A record shall be signed by the president of the
Arbitral Tribunal, as well as a recording clerk. The recording
clerk shall be appointed by the Secretary of the Court.
2. The course of the recorded activities may
be also documented through use of sound recording devices, about
which all the persons participating in such activities shall be
warned prior to the turning on of these devices.
3. The Court shall enable a review of the
case files, including the records, to the parties and their
attorneys-in-fact, during its business hours. The Court shall not
issue copies or excerpts of the records.
4. The parties may request correction or
supplementation of a record, however not later than on the next
meeting, and as to the record of the hearing during which the
hearing has been closed - until the award is not issued.
§ 32
Closure of hearings
1. The president of the Arbitral Tribunal
shall close a hearing if the Arbitral Tribunal recognises a case as
being sufficiently clear, or if the Arbitral Tribunal recognises
that the parties had an opportunity to sufficiently present
circumstances which they deemed important to defend their
rights.
2. The president of the Arbitral Tribunal may
open a closed hearing if the Arbitral Tribunal recognises it
necessary prior to making an award.
§ 33
Deliberation and voting
1. Deliberation and voting of the Arbitral
Tribunal shall be held without the participation of the parties.
The president of the Arbitral Tribunal shall prepare a record of
deliberation of the Arbitral Tribunal upon the request of an
arbitrator or on his own initiative.
2. A ruling of the Arbitral Tribunal shall be
made by a majority of votes cast. If an arbitrator refuses to vote,
the remaining arbitrators may settle the case without his
participation in voting.
3. An arbitrator who has not agreed with the
majority vote, may provide a dissenting opinion by placing a proper
note on the ruling and filing written reasons for the dissenting
opinion in the case file.
§ 34
Interim remedies in respect of claim and
evidence
1. Upon a request of either party, the
Arbitral Tribunal may grant interim relief in respect of a claim or
evidence. If the Arbitral Tribunal accepts the request it shall
issue a decision with reasons.
2. The parties may apply to a state court for
interim relief in respect of a claim or evidence in connection with
arbitration proceedings. The submission of such requests by the
parties to arbitration proceedings shall not be recognised as
contradictory in respect of an arbitration agreement. The parties
shall notify the Court, in writing, of interim relief obtained in
this manner.
Award
§ 35
Time limits
l. An award shall be made by the Arbitral
Tribunal after deliberation, however, not later than 30 days after
closure of hearings.
2. The Presidium of the Court may, ex
officio, or at the request of the Arbitral Tribunal, extend
this period by a certain period of time if it recognises it as
necessary due to the complexity of issues to be decided.
3. In the event that the Arbitral Tribunal
does not issue an award within the period indicated in section 1 or
specified pursuant to section 2, the Presidium of the Court may
issue a decision on divesting the presiding arbitrator and the
other arbitrators of the right to the honorarium, to which they are
entitled in respect of participation in the proceedings before the
Court, in part or in full.
§ 36
Form and content of an
award
1. An award shall be made in
writing.
2. An award shall include:
1) decision in respect of all disputes
covered by the demand incorporated in a statement of claim along
with reasons upon which it is based, unless the parties have agreed
otherwise;
2) the place and date of making an award, the
grounds for the competence of the Court, names of the parties and
arbitrators; in the event that the content of the award does not
specify the place for its making, it is deemed to be the same as
the place of arbitration proceedings;
3) decision on the obligation to reimburse
costs of the proceedings and representation by a single
attorney-in-fact in proportion to the work input, up to the maximum
amount of a half of the arbitration fee in the case, however not
exceeding PLN 80,000 or its equivalent in other currency calculated
in accordance with the average rate of the Polish currency against
other currencies as announced by the National Bank of Poland on the
date preceding the award.
2. The award shall also include a decision on
the costs of travelling and hotel stays of an arbitrator, which
shall be borne by the party which appointed the particular
arbitrator and settled up with the prepayment taken by the Court
from that party for the Court expenses.
3. The original award and all copies thereof
shall bear signatures of all members of the Arbitral Tribunal, or
at least the signatures of two members of the Arbitral Tribunal,
and a statement giving reasons as to the missing signature, as well
as the signatures of the President of the Court and the Secretary
of the Court, and the seal of the Court.
§ 37
Signing of an award by the President of
the Court and the Secretary of the Court
1. Prior to the signing of an award, the
President of the Court may, without examining the merits of the
award, submit the award to the president of the Arbitral Tribunal
in order to correct any formal defects or complete it if
necessary.
2. The President of the Court and the
Secretary of the Court signing the award shall state that the
Arbitral Tribunal has been appointed pursuant to these Rules and
that the signatures of the members of the Arbitral Tribunal are
authentic.
§ 38
Award in the case of a
settlement
In the event that after the commencement of
arbitration proceedings the parties reach a settlement, the
Arbitral Tribunal, upon the request of the parties, may record the
settlement in the form of an arbitral award.
§ 39
Partial or interlocutory
award
In justified cases, the Arbitral Tribunal may
issue a partial or a interlocutory award.
§ 40
Service of an award
1. Upon payment of all costs related to the
proceedings, the Secretary of the Court shall serve the award on
the parties against a receipt by a party or upon confirmation of
delivery thereof, leaving one copy of the award in the case
file.
2. The award of the Court shall be final and
binding upon the parties.
§ 41
Correction and supplement of an
award
1. The Arbitration Court may, ex
officio, correct any inaccuracies, clerical or computation
errors, or other obvious typographical mistakes.
2. Within two weeks following the receipt of
an award of the Court, a party may submit a request with regard to
correction of inaccuracies, any clerical or computation errors; or
other obvious typographical mistakes included in the
award.
3. A note shall be placed on the original
award and on any copies thereof with respect to correction of the
award. Further copies shall be issued in compliance with to the
decision on correction.
4. Within 14 days following the receipt of
the award, a party may request an additional award as to claims
presented in the arbitral proceedings but omitted from the award by
the Court. If the Arbitral Tribunal considers the request for an
additional award to be justified, it shall complete its award
within 60 days following the submission of the request at the
latest.
5. The Presidium of the Court may upon a
request of the Arbitral Tribunal, extend the period, referred to in
section 4, by a certain period of time, if it deems it necessary
due to the complexity of issues to be settled.
6. A ruling completing the award shall be
made in the form of an award.
§ 42
Decisions
Decisions of the Presidium of the Court and
the Arbitral Tribunal may not be appealed.
§ 43
Publication of the rulings
The Presidium of the Court may agree to
publish a ruling, in whole or in part, ensuring anonymity of the
parties to the proceedings.
Mediation
§ 44
Application to commence mediation
proceedings
Prior to the commencement of the proceedings
before the Arbitration Court or a state court, a party to a dispute
may refer to the Court with an application to conduct proceedings
to amicably conclude a dispute specified in the
application.
§ 45
Payment of a mediation fee and calling
upon the other party
1. The Secretary of the Court shall call upon
an applicant to pay a registration fee in the period fixed by the
Secretary of the Court, as well as half of a mediation fee. The
amount of the mediation fee shall be specified in the "Tariff of
Fees for the Activities of the Court of Arbitration at the Polish
Chamber of Commerce" as of the day of filing the application,
constituting an attachment hereto. The Secretary of the Court may
request that the applicant complete the application if the dispute
is not presented in a sufficiently exact manner.
2. Upon payment of the registration fee and
half of the mediation fee, the Secretary of the Court shall deliver
to the other party the application and call upon it to make a
statement as to consenting to participate in mediation proceedings
and to pay the other half of the mediation fee in the period fixed
by the Secretary of the Court.
3. In the event that the other party does not
consent to conduct mediation proceedings, the Secretary of the
Court shall reimburse the amount of mediation fee paid by the
applicant.
§ 46
Choice of a mediator
1. Once the other party to the dispute has
consented to the conduct of mediation proceedings and has paid half
of the mediation fee, the parties shall jointly appoint a mediator.
In the event that the parties do not appoint a mediator, the
mediator shall be appointed by the President of the Court taking
into consideration the nature of the case.
2. The parties may appoint a mediator only
from the list of mediators maintained by the Court.
§ 47
Mediation proceedings
1. Upon receiving files from the parties in
respect of the dispute, a mediator shall organise a conciliatory
meeting as a result of which he presents to the parties a proposal
of an amicable settlement to the dispute. Prior to the conciliatory
meeting or in the course thereof, a mediator may communicate with
the parties.
2. Mediation proceedings shall conclude after
the first meeting, unless the parties and the mediator agree
otherwise.
§ 48
Conclusion of mediation
proceedings
1. In the event that the parties are induced
to conclude a settlement, a mediator shall prepare a record
specifying terms and content of the settlement. The record shall be
signed by the parties and the mediator.
2. In the event that a settlement is not
reached, the mediator shall provide a proper statement, made in
writing, to the files of the Court.
3. In the event that a settlement is reached,
or the mediator has submitted a statement on the fact that
settlement is not reached, mediation proceedings shall be
concluded.
§ 49
Settlement in the form of an award by the
Court
1. In the event that a settlement is reached,
upon the amicable request of the parties, the President of the
Court shall nominate a given mediator to be an arbitrator
authorised to make an award on the basis of a settlement
reached.
2. The Secretary of the Court shall call upon
the parties to pay an arbitration fee in the period fixed by the
Secretary of the Court, which is due on account of settling the
dispute by the Court. The amount of the arbitration fee shall be
specified in the "Tariff of Fees for the Activities of the Court of
Arbitration at the Polish Chamber of Commerce" as of the day of
filing the request, constituting an attachment hereto.
3. The provisions of clauses 35, 36, 37 and
39 of these Rules shall apply to an arbitration award made as a
result of mediation proceedings.
§ 50
Prohibition on joining functions by a
mediator
A mediator may not participate as an
arbitrator, witness, attorney-in-fact or an advisor of a party in
arbitration proceedings in a case which was the subject to
mediation proceedings, unless the parties agree
otherwise.
§ 51
Prohibition on referring to statements,
explanations and suggestions of the parties
Any statements, explanations and suggestions
of the parties made in the course of mediation proceedings in
connection with a possibility of a settlement of the dispute, may
not be referred to or taken into consideration in arbitration
proceedings, unless the parties agree otherwise.
Tariff of Fees for the Activities of
the Court of Arbitration at the Polish Chamber of
Commerce
§ 1. [Tariff of fees]
The tariff of fees specifies the principles
and the procedure of collecting fees for the activities of the
Court.
§ 2. [Types of fees]
Fees for the activities of the Court
include:
1) registration fee;
2) arbitration fee;
3) mediation fee; and
4) prepayments for the expenses of the
Court.
§ 3. [Registration fee]
The claimant shall pay registration fee in
the amount of PLN 2,000.00.*
§ 4. [Arbitration fee]
1. The claimant and the party raising the
plea of set-off shall pay arbitration fee in the amount as
indicated in the table of arbitration fees.
2. Half of the arbitration fee shall be
collected:
1) when a dispute is settled by a sole
arbitrator;
2) from a third party admitted to the
proceedings.
3. The Court shall reimburse half of the
arbitration fee if:
1) a party discontinued a claim prior to
appointment of a presiding arbitrator or a sole
arbitrator;
2) a claim was fully accepted prior to the
appointment of a presiding arbitrator or a sole
arbitrator;
3) parties reached a settlement prior to the
first hearing;
4) the Arbitral Tribunal determines the lack
of competence of the Court.
§ 5. [Table of arbitration fees]
Arbitration fee shall amount to:
1) up to PLN 10,000.00 - PLN
3,000.00;
2) from PLN 10,001.00 up to PLN 100,000.00 -
from the first PLN 10,000.00 - PLN 3,000.00 and from the excess
over PLN 10,000.00 - 8 %;
3) PLN 100,001.00 up to PLN 1,000,000.00 -
from the first PLN 100,000.00 - PLN 10,200.00 and from the excess
over PLN 100,000.00 - 6 %;
4) PLN 1,000,001.00 up to PLN 10,000,000.00 -
from the first PLN 1,000,000.00 - PLN 64,200.00 and from the excess
over PLN 1,000,000.00 - 0.9 %;
5) PLN 10,000,000.00 - up to PLN
100,000,000.00 - from the first PLN 10.000.000,00-PLN 145,200.00
and from the excess over PLN 10,000,000.00 - 0.6%,
6) over PLN 100.000.000,00-from the first PLN
100.000.000,00-PLN 685.200,00, and from the excess over PLN
100.000.000,00-0,3%
§ 6. [Mediation fee]
The mediation fee shall amount to 30% of the
arbitration fee.
§ 7. [Prepayments for the Court
expenses]
1. 1. A
party which requested an activity incurring expenses, shall submit
a prepayment for their coverage. In the event that the Court
undertakes an activity ex offcio, it shall also decide
which party shall be liable to pay a prepayment for the expenses
related to the undertaken activity.
2. The Court shall indicate the amount of
prepayment and the date for its payment.
§ 8. [Payment of fees and
prepayments]
l. Registration fee, arbitration fee and
prepayments for the Court expenses shall be paid to the bank
account of the Court.
2. The Court shall not consider an
application, shall not perform any activities, if on the indicated
date a proper registration fee, arbitration fee or prepayment for
the Court expenses is not paid.
3. Further written submission sent by several
persons shall be subject to a single fee. If, however, the
subject-matter of a particular case comprises claims or liabilities
of one type, and these are based on the same factual and legal
basis (formal co-participation), each co-participant shall pay fee
separately, pursuant to his claim or liability.
§ 9. [Fees for administration of ad
hoc arbitration proceedings]
The principles set out in this Tariff shall
apply accordingly to the ad hoc arbitration proceedings
administered by the Arbitration Court at PCC.
*also
its equivalent in other currency calculated in accordance with the
selling rate of the Polish currency against other currencies as
announced by the National Bank of Poland on the date preceding the
activity in respect of which the equivalent is being
calculated.