Dz.U.64.43.296-tłum.
Stan prawny tłumaczenia: Dz.U.2011.149.887-zm.
ACT
of 17 November 1964
CODE OF CIVIL PROCEDURE
(…)
FIFTH PART
ARBITRATION COURT
TITLE I. GENERAL PROVISIONS
Article 1154. The provisions of this Part apply if the venue of proceedings before an arbitration court is located in the territory of the Republic of Poland and also, in events referred to in this Part, if the venue of proceedings before an arbitration court is located outside the borders of the Republic of Poland or is not defined.
Article 1155. § 1. The venue of proceedings before an arbitrary court is proposed by the parties or, if the parties do not propose any venue, by an arbitration court, taking into consideration the subject-matter of proceedings, circumstances of the case and convenience for the parties.
§ 2. If the venue of proceedings before an arbitration court was not determined either by the parties or by the arbitration court, it is assumed that the venue of the proceedings was in the territory of the Republic of Poland if the final ruling was issued in that territory.
Article 1156. Polish courts have domestic jurisdiction in cases governed by the provisions of this Part if the venue of proceedings before an arbitration court is located in the territory of the Republic of Poland. Polish courts also have domestic jurisdiction if the provisions of this Part provide for court actions related to proceedings before an arbitration court which is located outside the borders of the Republic of Poland or whose location is not determined.
Article 1157. Unless otherwise provided for by specific regulations, the parties may bring disputes involving property rights or disputes involving non-property rights which can be resolved by a court settlement, except maintenance cases, before an arbitration court.
Article 1158. § 1. Each reference in this Part to a court means a court which would be competent to hear a case if the parties had not made an arbitration clause.
§ 2. The provisions of this Part apply both to an arbitration court appointed to resolve a particular dispute and the judge panel appointed among permanent arbitration judges.
Article 1159. § 1. Insofar as regulated by the provisions of this Part, the court may only take actions when provided for by this Act.
§ 2. The court decisions may be appealed in the events referred to in this Act.
§ 3. In events as referred to in Article 1171, 1172, 1177, 1178 and 1179, the court may adjudicate in camera. Before adjudication, the court may hear the parties, and the parties may also be heard by submitting a written statement. If need be, the court may request the signatures on a written statement to be certified by a public notary.
Article 1160. § 1. Unless the parties have agreed otherwise, written notice shall be considered delivered if it was given in person to the addressee or delivered to his registered office or place of usual stay, or to the postal address provided by the addressee.
§ 2. If an addressee is an entrepreneur registered in a relevant court register or other public register, notice shall be considered delivered if it is delivered to the address specified in the register, unless a party provided another address for delivery.
§ 3. If none of the places referred to in the preceding Clauses may be determined despite due diligence, a written notice shall be considered delivered when sent to the last known address of the addressee's usual stay. In such event, notice shall be considered delivered on the last day of the period in which mail could have been collected by the addressee.
§ 4. The provisions of the preceding Clauses shall not apply to court service.
TITLE II. ARBITRATION CLAUSE
Article 1161. § 1. In order to bring a dispute before an arbitration court, the parties must conclude an agreement specifying the matter at issue or the legal relationship from which a dispute arose or could arise (arbitration clause).
§ 2. Provisions of an arbitration clause which violate the principle of equality of the parties, in particular provisions which entitle only one party to bring a dispute before an arbitration court specified in the arbitration clause or before a court, are void.
§ 3. An arbitration court may identify a permanent arbitration court as competent to resolve a dispute. Unless the parties have agreed otherwise, they are bound by the regulations of a permanent arbitration court applicable on the date of the arbitration clause.
Article 1162. § 1. An arbitration clause should be made in writing.
§ 2. Requirements concerning the form of an arbitration clause are also met if the clause is included in letters exchanged between the parties or statements made by means of remote communication which enable their content to be recorded. Reference in an agreement to a document containing a decision to bring a dispute before an arbitration clause complies with the requirements concerning the form of an arbitration clause if such agreement is made in writing and the reference incorporates that clause into the agreement.
Article 1163. § 1. An arbitration clause in the articles (memorandum) of association of a commercial company concerning disputes arising from company relationships is binding on the company and its shareholders.
§ 2. The provisions of § 1 apply accordingly to arbitration clauses in the memorandum of association of a cooperative or association.
Article 1164. An arbitration clause which involves disputes within the subject-matter and scope of labour law may only be drawn up after a dispute has arisen and must be made in writing. The provisions of Article 1162 § 2 shall not apply.
Article 1165. § 1. If a case is brought before a court concerning a dispute covered by an arbitration clause, the court shall reject a complaint or a petition to institute non-contentious proceedings if the defendant or participant to non-contentions proceedings brings an allegation of the arbitration clause before defending on the merits of the case.
§ 2. The provisions of § 1 shall not apply if an arbitration clause is invalid, ineffective, unenforceable or has expired, and if the arbitration court declines jurisdiction.
§ 3. The fact that an action has been brought before a court does not prevent an arbitration court from hearing the case concerned.
§ 4. The provisions of the preceding Clauses also apply if the venue of proceedings before an arbitration court is located outside the borders of the Republic of Poland or is not defined.
Article 1166. § 1. The fact that a dispute has been brought before an arbitration court shall be notwithstanding the possibility to have the claims sought before the arbitration court secured by a court.
§ 2. The provisions of § 1 also apply if the venue of proceedings before an arbitration court is located outside the borders of the Republic of Poland or is not defined.
Article 1167. An instrument of authorisation to perform an act in law issued by an entrepreneur includes power of attorney to make an arbitration clause with respect to disputes arising from that act in law, unless otherwise provided for in the instrument of authorisation.
Article 1168. § 1. If a person identified in an arbitration as an arbitrator or presiding arbitrator refuses to perform that function or if it is otherwise impossible for him to perform that function, the arbitration clause shall lose effect, unless the parties decide otherwise.
§ 2. Unless the parties have agreed otherwise, an arbitration clause shall lose effect if the arbitration court defined therein refuses to hear the case or if it is otherwise impossible for that court to hear the case.
TITLE III. COMPOSITION OF AN ARBITRATION COURT
Article 1169. § 1. The parties may determine in an agreement the number of judges of an arbitration court (arbitrators).
§ 2. Where the number of judges is not determined, an arbitration court of three arbitrators is appointed.
§ 3. Contractual provisions which give one party more rights to appoint an arbitration court are void.
Article 1170. § 1. An arbitrator may be a natural person irrespective of his nationality, with full capacity to perform acts in law.
§ 2. A judge may not be an arbitrator. However, this shall not apply to retired judges.
Article 1171. § 1. The parties may agree on a method to appoint arbitrators.
§ 2. If the parties do not agree on such method, arbitrators shall be appointed in the following manner:
1) if a case is to be heard by an arbitration court panel consisting of an uneven number of arbitrators, each party shall appoint the same number of arbitrators and those arbitrators shall appoint a presiding arbitrator; if a party does not appoint an arbitrator or arbitrators within one month from the day on which he receives a request from the other party to do so, or if the arbitrators appointed by the parties do not appoint a presiding arbitrator within one month from the day of being appointed, an arbitrator or arbitrators, or the presiding arbitrator, shall be appointed by the court at the request of either of the parties,
2) if a case is to be heard by one arbitrator only and the parties fail to appoint an arbitrator within one month from the day on which one of the parties requests to jointly appoint an arbitrator, an arbitrator shall be appointed by the court at the request of either of the parties,
3) if a case is to be heard by an arbitration court panel consisting of an even number of arbitrators, each party shall appoint the same number of arbitrators and those arbitrators shall appoint a presiding arbitrator from among themselves; if a party does not appoint an arbitrator or arbitrators within one month from the day on which he receives a request from the other party to do so, or if the arbitrators appointed by the parties do not appoint a presiding arbitrator within one month from the day of being appointed, an arbitrator or arbitrators, or the presiding arbitrator, shall be appointed by the court at the request of either of the parties,
§ 3. A party or parties may also appoint a substitute arbitrator in the event of death, resignation, dismissal (termination of appointment) of the arbitrator appointed by them.
Article 1172. If, according to an agreement between the parties, an arbitrator or a presiding arbitrator is to be appointed by a third party who fails to do so within the time limit determined by the parties or, if the parties did not determine an appropriate time limit, within one month from the day of being requested to do that, each party may request the court to appoint an arbitrator or presiding arbitrator, unless the parties decide otherwise.
Article 1173. § 1. When appointing an arbitrator, the court takes into consideration the qualifications of the arbitrator relevant to the settlement between the parties as well as other circumstances, to make sure that an independent and impartial person is appointed as an arbitrator.
§ 2. When appointing the only arbitrator or a presiding arbitrator in a dispute between parties who have their respective places of residence or registered offices in different states, the court should consider appointing a person who is not associated with any of these states.
Article 1174. § 1. A person appointed as an arbitrator should immediately disclose to the parties any circumstances that could raise doubts as to his impartiality or independence.
§ 2. An arbitrator may be excluded only in the event of circumstances which raise justified doubts as to his impartiality or independence or if he does not have the qualifications determined in an agreement between the parties. Exclusion of an arbitrator who was appointed by or with the participation of a party may only be requested if the party learned about the reasons for his exclusion after his appointment.
Article 1175. An arbitrator may resign at any time. If resignation was not due to important reasons, the arbitrator shall be responsible for related costs.
Article 1176. § 1. The parties may determine the procedure of excluding an arbitrator.
§ 2. If an arbitrator is not excluded within one month from the day on which a party requested an arbitration court to exclude the arbitrator according to the procedure determined by the parties, the requesting party may, within the following two weeks, petition the court to exclude the arbitrator. Contrary contractual provisions of the parties shall be void.
§ 3. Unless the parties decide otherwise, the party requesting the exclusion of an arbitrator should, within two weeks from the day on which he learned about the appointment of the arbitrator or from the day on which he learned about circumstances as referred to in Article 1174 § 2, notify all the arbitrators appointed to resolve a case and the adverse party in writing of that fact. The notice, which should be simultaneously sent to all those persons, should specify the circumstances justifying the request for exclusion.
§ 4. If an arbitrator does not resign or is not dismissed on the basis of joint written statements of the parties within two weeks from the day on which he was served with a request for his exclusion in accordance with the provisions of § 3, the party requesting his exclusion may, within the next two weeks, petition the court to exclude the arbitrator.
§ 5. Resignation of an arbitrator or his dismissal by the parties on the basis of a request for his exclusion does not in itself mean that the request was justified.
§ 6. A petition as referred to in § 2 and 6 filed with the court does not affect the course of proceedings before an arbitration court, unless the arbitration court decides to stay proceedings until the court rules on the petition.
Article 1177. § 1. The parties may at any time file a joint written statement of dismissal of each of the arbitrators.
§ 2. The court may dismiss an arbitrator on the petition of either party, if it is evident that the arbitrator will not perform his actions within due time or if he delays performance of his activities without due cause.
Article 1178. § 1. In the event of expiry of the appointment of an arbitrator, a new (substitute) arbitrator is appointed in accordance with the arbitrator appointment procedure.
§ 2. If an arbitrator appointed by one of the parties resigns or is dismissed twice by the parties or by the court, the other party may request the court to appoint a new (substitute) arbitrator on behalf of the adverse party. A party may file a relevant petition within one week from the day on which he learns that the new (substitute) arbitrator appointed by the adverse party has resigned or has been dismissed.
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