Arbitration

Arbitration is a method of dispute resolution in which the parties agree to submit their dispute to an arbitral tribunal instead of a state court. The award is issued by a tribunal chosen (directly or indirectly) by the parties, not a state judge. Key advantages include greater confidentiality, procedural flexibility, the ability to choose arbitrators with sector-specific expertise, and easier cross-border enforcement thanks to the New York Convention.

An arbitration clause is a contractual provision in which the parties agree to submit future disputes arising from that contract to arbitration instead of state courts. Arbitration institutions such as SAKIG publish recommended model clauses for use in contracts. A well-drafted clause specifies the arbitration institution, the number of arbitrators, and the seat and language of proceedings.

Domestic arbitration concerns disputes between domestic entities, usually resolved before national institutions such as SAKIG. International arbitration covers disputes with a cross-border element — parties from different jurisdictions, export contracts, foreign investment — and is often conducted before institutions such as the ICC (International Chamber of Commerce) or VIAC (Vienna International Arbitral Centre), alongside domestic centers.

An arbitral award binds the parties from the moment it is issued, but — unlike a state court judgment — it is not automatically an enforceable title. Enforcement requires recognition or a declaration of enforceability by the competent state court. Abroad, the key instrument is the New York Convention of 10 June 1958 on the recognition and enforcement of foreign arbitral awards — Poland has been a party since 1961, and the Convention has been ratified by over 170 states, making an arbitral award one of the most readily enforceable outcomes in international trade.

In mediation, the parties work with a neutral mediator to reach their own agreement — the mediator does not issue a ruling. Arbitration ends with a binding award issued by the arbitrators. Mediation works well when the parties want to preserve a business relationship and reach a flexible agreement; arbitration is the right choice when a final, binding, and enforceable outcome is needed. The two can also be combined sequentially within a single contract.

The Court of Arbitration at the Polish Chamber of Commerce in Warsaw (SAKIG) is one of Poland's leading arbitration institutions, maintaining a list of recommended arbitrators and operating under its own Arbitration Rules (2025 edition). We conduct proceedings both before SAKIG and before other domestic and international institutions.