Publications

Commentary to the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw

27.03.2017

C.H. Beck published, within the series of The Big Commentaries, the first commentary to the Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw (the „Commentary”), edited by Maciej Łaszczuk and Andrzej Szumański, with Witold Jurcewicz, Rafał Morek, Justyna Szpara and Maciej Tomaszewski co-authoring the Commentary.

The Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw were enacted on 14 of October 2014 and came into force on 1 January 2015. The aim of the authors of the Arbitration Rules, who also included the authors of the Commentary, was to provide an advanced tool for effective dispute resolution. The Arbitration Rules contain many new provisions, such as § 6(2) which establishes prohibition of surprising the parties with the legal grounds of the award as well as § 31, which sets forth the duty to establish a schedule of proceedings. These changes safeguard effective protection of the parties’ rights on one hand, but pose an additional challenge for arbitrators and counsel on the other.

To respond to these new challenges, the Commentary covers detailed analysis of all elements of the Arbitration Rules and indicates good practices on the conduct of arbitration proceedings. The Commentary mostly refers to arbitration proceedings conducted under the Rules, which are seated in Poland and to which Polish arbitration law applies. Nevertheless, the Commentary also addresses situations where the seat of arbitration is elsewhere. Furthermore, the authors also present a comparative analysis of foreign arbitration laws, rules of other arbitration institutions and case law of Polish and foreign state courts.

The Commentary may serve as a guide for the all the users of the Arbitration Rules. It is especially useful for counsel and arbitrators, yet it may also be helpful for all interested in commercial arbitration, including law students and advocate trainees.