An arbitral judiciary – a way to relieve the state judicial system
The collapse of the judiciary in Poland has been going on for many years, its significant deepening took place after 2015 – currently matters are diagnosed by an average of 50 percent. time longer than 10 years ago. Currently, unfortunately, there is no prospects for bringing to a situation in which disputes are resolved quickly, efficiently and professionally, while the proceedings in both instances lasts no longer than 1-1.5 years.
Read also at Business Insider
On the contrary: public opinion regularly shake information about record -long ongoing progress. Admittedly, the case recently commented on in the press of the Supreme Court issuing a decision in a case initiated in the 1950s is rare, nobody is particularly surprising with cases lasting several years or longer, or information about various types of procedural errors made by the first instance court, which could not be corrected to the second instance court.
Even worse, in a situation where the Supreme Court cannot fulfill its function – primarily due to the defectiveness of the appointment of most people sitting there (also in the Civil Chamber) – not only there is no court that could recognize extraordinary measures of appeal from judgments issued in the second instance (in particular cassation complaints), but it is also not possible to ensure julled cohesion in Poland.
A broader analysis of the causes and conditions of the above -mentioned state of affairs definitely goes beyond the framework of this text. The key question remains whether (and what exactly) could be done so as not to bear (at least part) the negative consequences of the justice collapse, when you want to quickly and effectively resolve the dispute with your contractor, business partner or the other party to the contract.
Paradoxically, the answer is very simple: the dispute should be subject to the decision of the arbitration court. Importantly – in accordance with art. 1157 of the Code of Civil Procedure – virtually any dispute can be subjected to the decision of the arbitral court: both property (except for maintenance cases) and non -pecuniary, if such a dispute could be the subject of a court settlement.
The dispute of the arbitral court may take place both before its creation (as you know, when there is no dispute, it is easier to communicate to everyone as to how it will be resolved, if it would be created in the future) and after its creation – which concerns in particular disputes in the field of labor law.
In addition, the legislator has now allowed the so -called “conversions”, i.e. transferring a dispute to the arbitration of a stately dispute in a state court, and until the final resolution of the case by the Court (Article 11611 KPC).
What are the benefits of the settlement of the dispute by the arbitration court, instead of by a state court? First of all, such a dispute will be settled in a few months, Most of the permanent regulations of the arbitration courts order the arbitrators to issue a judgment within 6, 9, and a maximum of 12 months from the date of initiation of the proceedings. When we compare this time to several years, and often even several years of proceedings conducted before state courts (in complex economic matters, obtaining a final decision within 10 years of initiating the proceedings is not a bad result), this benefit seems obvious.
Secondly, in an arbitral court, the dispute is resolved by specialists in a given field, and not by people “who know everything”. It is up to us – as parties to the proceedings – who depends on the examination of the case and issuing the judgment: nothing prevents us from choosing the best professional in a specific issue. Everyone who has experienced a judge's conduct, who did not understand the essence of the dispute, is well aware of the benefits that may flow from this fact.
Third, the arbitration procedure is – by definition – confidential: therefore, there is no risk that a third party will learn not only about the fact of conducting a dispute between specific people or entities, but also about the subject of this dispute. This issue, of course, is particularly important in the case of all economic disputes, in particular those in which a violation of enterprise could be violated.
See also: “The engine is no longer the most important.” The president of the company Robert Bosch says how the automotive industry changes [WYWIAD]
It should be remembered that subjecting a dispute to the decision of an arbitral court does not limit our right to secure the claims of claims before an arbitral court. Thus, by drawing from the benefits of arbitration, we can simultaneously maintain key benefits related to the “empire” of the state court and thus obtain the security of the claim.
And finally, it is also worth being aware that each case resolved before an arbitral court can contribute to relieving state courts, and – thus – to bring to faster resolution of disputes also in this forum. Until politicians do this, we must try to make life easier and “rub the judiciary” in Poland.
