On June 17, Squire Patton Boggs’ Warsaw office hosted an event during which the Polish Arbitration Association (Polskie Stowarzyszenie Sądownictwa Polubownego) officially presented its ‘Arbitrator’s Pledge’ (Deklaracja Arbitra), its new professional guidance on how to conduct arbitration procedures efficiently, and unveiled its new corporate website, www.polisharbitration.pl.
The Polish Arbitration Association, whose purpose is to support the development of arbitration and mediation in Poland, and to disseminate knowledge about them, has published the Arbitrator's Declaration as an outline of best practice in the management of arbitration proceedings. The document comprises the minimum requirements that the arbitrator should meet to conduct the proceedings in an efficient and effective manner. The declaration is for anyone who is an arbitrator or intends to act as an arbitrator.
The Arbitrator’s Pledge was developed and drafted by a group of attorneys affiliated with the Polish Arbitration Association, which included Prof. Eligiusz Krześniak, Squire Patton Boggs’ Warsaw Office Managing Partner and current President of the Polish Arbitration Association, Michał Kocur, Dr. Marcin Asłanowicz, Monika Hartung, Bartosz Krużewski, Katarzyna Kucharczyk, Dr. Rafał Morek, Paweł Pietkiewicz, and Justyna Szpara.
In outlining arbitration best practice, the Arbitrator’s Pledge emphasizes promptness and confidentiality of the procedures as key advantages of arbitration over court procedures. Professionalism on the part of the arbitrators, as well as the ability to give the parties concerned a feeling that their voice has been heard, have been reflected in the Pledge as key principles.
Arbitrators who sign the Pledge undertake, among other things, to:
- consult with the parties on issues relevant to the organization of the proceedings, in order to ensure its conduct in an effective, reliable and consistent with the reasonable expectations of the parties;
- determine the procedure timeframes, the sequence of pleadings, the deadlines and the consequences of missing them;
- support the parties in their efforts to settle a dispute amicably; and
- seek a judgment no later than 12 months from the date of the case management conference, and no later than two months from the date of the hearing or two months from the day of the parties’ last written submissions.
“The Arbitrator’s Pledge,” Prof. Krześniak explains, “focuses on the best practices in arbitration which will expedite the procedures, while also accommodating the interests of all parties to the dispute. It should serve as a powerful encouragement to entrepreneurs to submit disputable cases for amicable settlement, as well as streamline the proceedings and minimize the costs of arbitration proceedings.”