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3rd DIS Batic Arbitration Days, Riga 2014 1
Arbitration in Transport Disputes in Poland
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Arbitration in historical perspective in Poland
• Arbitration is one of the oldest institution of the European judicature
• Origins of arbitration in Poland may be found in the Polish Republic of Nobels in XVI century
• The first one was the Arbitration Court at the Cotton Association estabished in Gdynia in 1938
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Arbitration in Poland after Second World War
• was initiated by forming of the Arbitration College at Polish Chamber of Foregin Trade (PCFT) in Warsaw on 28.09.1949
• in 1950 in Gdynia was created the Maritime Department of the PCFT Office
• in 1953 The Council of Polish Chamber of Foreign Trade decided to form Arbitrators College for maritime cases for the settlement of disputes arising from : sea transport contracts, time chartering and bill
of ladings contract of the services in sea transport general average, sea ships collision, or collision
between sea ship and inland ship
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The provisions relating to arbitration courts in Poland
• can be found in Part V of Polish Act of 17 November 1964 - Code of Civil Procedure (Dz. U. of , no. 43, item 296- consolidated text from 21.01.2014 ) and consists of the Chapters:
• General Provisions Art. 1154 to 1160• Arbitration Agreement Art. 1161 to 1168• Composition of the arbitral tribunal Art. 1169 to 1179• Jurisdiction of th arbitral tribunal Art. 1180 to 1182• Conduct of arbitral proceedings Art. 1183 to 1193• Making of Award and Termination of Proceedings Art. 1194 to 1204• Aplication to set aside the award Art. 1205 to 1211• Recognition and enforcement of an arbitral award
and a settlement reached before it Art. 1212 to 1217
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Arbitration courts in transport disputes in Poland
• International Court of Arbitration (the ICA) in Gdynia at the Polish Chamber of Maritime Commerce (PCMC)-www.kigm.pl
resolving civil law disputes arising out of foreign trade, maritmie commerce transport and shipping
is competent if in a valid written submission to arbitration the parties have submited to its decision the disputes which have arisen, or may arise between themselves in connection with a contractual, or non contractual legal relationship
• Arbitration Court at the Polish International Freight Forwarders Association (PIFFA)- www.pisil.pl
• Arbitration Court at the Gdynia Cotton Association www.gca.org.pl
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Thank you for your attention
Baltic Lawyerslaw & maritime law solutions81-372 Gdynia, Poland, Swietojanska str 32/1tel: +48 58 620 94 27, fax: + 48 58 620 40 66e-mail: [email protected]
