Court of Arbitration at the Polish Chamber of Commerce in Warsaw

The Court of Arbitration at the Polish Chamber of Commerce (SAKIG), established in 1950, is an independent, impartial and neutral institution, providing efficient dispute resolution services for both international and domestic parties.

For more than 70 years, the SAKIG has been the leading and the most prominent institution in Poland for the administration of arbitration and other alternative dispute resolution proceedings for national and international commercial disputes. The SAKIG is a registered association, with its seat in Warsaw.

Organisation

The SAKIG is part of, but independent from, the Polish Chamber of Commerce. The SA KIG consists of an Arbitral Council and a General Director. The Arbitral Council, chaired by Monika Hartung, is composed of 5 to 15 members, incl. President. It includes both Polish and non-Polish nationals, all of whom are distinguished and highly qualified experts in international dispute resolution.

The function of the Arbitral Council is to make decisions as required under the SAKIG Rules; for example, decisions regarding appointment of arbitrators.

SAKIG’s Director General, Agnieszka Durlik, leads the secretariat, which has a multilingual staff of 5 people and handles daily case management, organisation of events, production of publications, etc. Cases are administered in Polish, any other agreed language may be used in the arbitral proceedings before the tribunal, once it has been constituted.

SAKIG maintains a list of recommended arbitrators comprising over 200 persons from Poland and abroad, who are specialists in various fields and experienced arbitration practitioners.

SAKIG Arbitration Rules

SAKIG Arbitration Rules, prepared with regard to modern institutional rules, came into force on 01 January 2015. The SAKIG Rules commit to resolve disputes in an expeditious, cost-effective and efficient way. The Rules are available in English on the SAKIG website (https://sakig.pl/en/home-page).

In addition to this, straight after the global COVID-19 outbreak, SAKIG introduced guidelines and procedures for conducting online hearings and meetings via telephone or video conference - in the proceedings conducted pursuant to the SAKIG Rules.

SAKIG Rules give parties and arbitrators sufficient power to structure arbitration proceedings. Parties have latitude to make choices regarding the proceedings, including choosing the seat of arbitration, their arbitrators without list restrictions, or to be represented by foreign counsel.

Cost & Time Effectiveness

SAKIG’s arbitrators’ fees and administrative costs are lower than other established institutions. The fees for the arbitrators and administrative costs are calculated ad valorem, in accordance with the Tariff of fees, based on the monetary value in dispute. The cost-calculator on the SAKIG website can be easily used to determine the costs of arbitration.

Proceedings before SAKIG are single instance. There are 2 modes of operation: general and fast track arbitration. In the majority of cases the procedure is carried out remotely. The average duration of the proceedings in 2021 is approximately 6 months.

Fast Track Arbitration

One of the major cost factors in arbitration is the duration of the proceedings. SAKIG enables Fast Track Arbitration where disputes will be resolved within six months. Unless otherwise agreed, disputes with a value of less than PLN 80.000 are subject to fast track arbitration.

Enforceability

SAKIG arbitral awards are enforceable in all countries. Poland, as a party to the New York Convention, has the necessary legislative regulations, as Polish arbitration law included in a separate chapter of the Polish Civil Procedure Code (CPC), that has been drafted in accordance with the UNCITRAL Model Law. While the seat of arbitration is in Poland, SAKIG awards shall be enforced in Poland as a domestic award, without being subject to the enforcement procedure of foreign awards.

Natural Hub and Facilities

Warsaw is a natural hub between Eastern and Western Europe, providing a convenient arbitration venue with simple or no visa requirement, excellent flight connections and affordable accommodations prices. SAKIG also provides two hearing rooms with two waiting rooms in Warsaw.

SAKIG also organises events such as conferences, webinars and meetings for local and CEE companies and lawyers on the various possibilities for resolving conflicts through arbitration and mediation.

Model Clause

Parties wishing to refer to arbitration under the SAKIG Rules may do so by including the following clause in their contracts:

“Any disputes arising out of or related to this agreement shall be finally settled under the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in force on the date of commencement of the proceeding by an arbitrator or arbitrators appointed in accordance with the said Rules.”