We are pleased to present the Jabłoński Koźmiński i Wspólnicy Law Firm’s blog, dedicated to arbitration (alternative dispute resolution). Our aim is to share knowledge and experience on the use of arbitration and to contribute to its promotion. We believe that only a solid understanding of arbitration allows for its full potential to be realised.

In the past, arbitration was commonly used. Over time, however, it gave way to litigation—disputes handled in state courts. Arbitration is now making efforts to reclaim its rightful place, primarily within the business world. It is widely used in cross-border cases, involving parties from different countries, as well as in disputes between states, even over contested territories. In some countries, arbitration is mandatory for certain categories of cases.

Arbitration can take a non-institutional form, dedicated to a specific dispute or disputes (ad hoc), an institutional form (before permanent arbitration courts), or an administered form (conducted “outside” the structure of a specific institution but using its infrastructure).

Often mistakenly referred to as a “private court,” arbitration is still not widely used despite its many advantages. Yet, arbitration courts are faster and more flexible than state courts, and they can also be more cost-effective. The parties can entrust the resolution of their dispute to arbitrators—specialists in the relevant field. They also have the option to choose the applicable law for resolving the dispute and to establish the procedural rules. Importantly, even in the face of a dispute, arbitration generally makes it easier to preserve or restore business relationships with the other party.