A party wishing to use arbitration prepares a statement of claim, describes its demands in it, cites evidence to support them and appoints an arbitrator.
The arbitrator is selected from the list of arbitrators found on our website: list of arbitratorslist, but it may be also a person outside of her. It is important that she knows the issues, is impartial and independent of all parties to the proceedings. Arbitrators are obliged to maintain confidentiality.
Proceeding costs can be agreed in advance – they include registration and arbitration fees. Their amount results from the tariff of fees applicable on the date of filing the lawsuit, available on our website: Tariff of fees.
After the conclusion of the proceedings, depending on the outcome, the Court may award a refund of part of the arbitration fee.
After receiving the statement of claim, the other party has the right to file a response to the statement of claim and appoint a second arbitrator. The arbitrators then select a third arbitrator, the so-called arbitrator. presiding arbitrator. It is also the last contact the arbitrator may have with the party, outside the courtroom, until the end of the proceedings.
The arbitration court hears the case at a closed hearing attended by both parties and possibly their attorneys. The court investigates the case, analyzes the evidence, and the parties can use private experts and cross-examine them in court.
The court issues a judgment that is not subject to appeal. You can apply to a common court to set it aside – but in very limited cases.
After receiving the judgment, you should go to the common court with an application for its recognition or declaration of enforceability. A judgment with an enforcement clause may be ordered for execution by a bailiff, unless the other party voluntarily enforces it.
