Polish businesspeople still lack awareness of arbitration
Low awareness of alternative dispute resolutions among Polish businesspeople is one of the reasons why arbitrators find themselves called upon less than they could. As much is borne out by Ministry of Justice statistics according to which no less than 50% of the respondents couldn’t even venture a basic definition of arbitration:
- 50% of the respondents do not know what arbitration is;
- Some 0.1% of all disputes in Poland every year come before an arbitration tribunal;
- To leave the way open for arbitration in the event of a possible dispute, an arbitration clause must be included in the business contract.
Even though arbitration in Poland has been slowly gaining in popularity, only some 0.1% of all disputes in the country come before arbitration every year. By comparison, according to Oxford Study on Civil Justice Systems in Europe figures, in international business, arbitration is opted for by 63% of European enterprises – as participants in the Legal Department Directors Forum recently held in Warsaw pointed out (...)
Dr Konrad Czech of Gessel, Koziorowski Attorneys at Law emphasised (...) that in no jurisdiction do arbitration cases actually outnumber cases coming before the general courts. “If this were the case in any jurisdiction, that would be a symptom of grave weakness of the general court system. Thus, the statement that arbitration in Poland is rare is true enough, but we should bear in mind that this is a normal state of affairs, also in other countries. Naturally enough, in domestic dealings, more cases will always come before the domestic courts”, Konrad Czech explained.
The entire article (in Polish) is available at www.finanse.wnp.pl