As of January 2025, Poland’s two leading arbitration institutions – Sąd Arbitrażowy przy Konfederacji Lewiatan/Lewiatan Court of Arbitration and Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej w Warszawie/Court of Arbitration at the PCC – have introduced modernized arbitration rules and updated cost tariffs. These reforms address current challenges and trends in arbitration and strive to enhance procedural efficiency, strengthening institutions’ reputation as attractive and competitive venues for dispute settlement in Central and Eastern Europe.

In this piece, we highlight the key amendments to the arbitration rules.

Lewiatan Court of Arbitration

Commencement of the Proceedings (§3)

While previously arbitration was commenced by submission of a statement of claim, now claimants can initiate proceedings also by filing of a request for arbitration (RfA). RfA requires only a brief description of claims and issues in dispute, without the need to submit evidence upfront.

Communication (§16)

By default, all post-initial submissions and exchanges in the course of the proceedings must occur electronically, unless the tribunal decides otherwise. Awards, jurisdictional orders, and termination orders will still be served in writing.

Higher Threshold for Expedited Procedure (§5)

Unless the parties agreed differently, the dispute value threshold for application of expedited procedure is increased from PLN 50,000 (approx. EUR 12,000)to PLN 200,000 (approx. EUR 47,000).

Objection to Arbitrator Appointment (§6)

The President of the Court may now object to the appointment of an arbitrator nominated by the parties, a third party or the other arbitrators if such arbitrator does not warrant the proper performance of his or her duties. If the objection is raised, another arbitrator shall be appointed.

Consolidation of Cases (§29)

The prerequisites for consolidation are now relaxed, providing that two or more proceedings may be consolidated if the parties so agree without needing to show that the dispute arise under the same legal relationship.

Costs Allocation (§ 48)

Tribunals can now allocate costs relating to particular stages of the proceedings, issues or specific conduct of the parties or their representatives. In deciding on the costs tribunals may also consider such factors as third-party funding or success-based legal fees schemes.

Court of Arbitration at the PCC

Commencement of the Proceedings (§20)

The amended rules eliminate the provision regarding the statement of claim, leaving the request for arbitration (RfA) as the sole method to initiate proceedings

Communication (§10)

Tribunals are empowered to decide that the communications shall be delivered exclusively by email. RfAs and answers to them must still be submitted in both paper and electronic formats.  

Language and Seat of Proceedings (§§ 8, 9)

The Polish language and Warsaw and are no longer the default option failing the parties’ agreement. If the parties do not agree, the tribunal will determine the language and the seat.   

Emergency Arbitration (§31)

Introduced for the first time, the procedure before the emergency arbitrator allows parties to request interim measures before the tribunal is constituted. Emergency arbitrators will issue orders within 21 days of receiving the file.

Early Determination (§29)

Parties can request early rulings on claims, defences, or issues in dispute if they are manifestly meritorious or manifestly without merit. Tribunals will evaluate whether granting early determination application enhances procedural efficiency.

Time Limit for Awards (§41)

Awards must now be issued within 6 months from the date on which the file was transmitted to the tribunal, but no later than 2 months from the last day of the hearing or the last submission.

Interim Award (§43)

Upon application of a party, tribunals may render an interim award, in which they can decide on some of the disputable substantive issues.

By Alexey Pirozhkin and Alicja Zielińska-Eisen