Quickness and Simplicity

Economic and technological development resulted in an considerable increase in the pace of human life. Now, in the 21st century, everyone has an immediate access to knowledge and information and interpersonal communication has never been quicker and easier.

In business, much depends on taking quick actions. A business opportunity arising for an entrepreneur must be seized immediately or it is lost. A problem must be solved at once because the lack of solution generates even bigger problems. A dispute between entrepreneurs must be settled quickly to make the settlement economically significant for the company.

Solving a dispute and obtaining a judgement as quickly as possible is a necessity for any successful company, and sometimes it is a matter of life and death for an entrepreneur.

State courts and competing arbitration courts do not guarantee quickness and simplicity of proceedings. Judges are overburdened with the increasing number of cases. Their remuneration is fixed and does not depend on efficiency and effectiveness of action. Proceedings are highly formalized, which makes it easier for a determined party to obstruct their course and, as a result, settling a simple dispute over a payment before a court of first instance takes several months, while in more complex cases a judgement can be passed after 2–3 years. Inappropriate organization of the court’s work, the document delivery system, two-instance proceedings and the obligation to schedule court hearings effectively delays rulings in individual cases. Thus, many entrepreneurs are unwilling to seek justice in court.

According to data for 2017, lengthiness of court proceedings is a serious problem for 48% of the Poles. Statistical data reveals that it takes around 4 months on average to settle a simple dispute over a payment before a court of first instance, which places Poland in the middle of the ranking of European countries.

Electronic writ-of-payment proceedings as an attempt to speed up Polish court proceedings in simple non-payment cases is a step in the right direction, but the proceedings slow down considerably as soon as the defendant files an objection to the payment order. This results in an obligation to hand over the relevant documentation to the court that would examine the case in the first instance, as well as an obligation to schedule a hearing, thus adjourning the case for at least six months.

A remedy for all those problems is the National Court of Arbitration.

The National Court of Arbitration is organized is such a way so as to maximally reduce the time of court proceedings by adopting simple and clear standards of actions. Settling disputes on the basis of documents, without the requirement to schedule hearings and examine witnesses. One-instance court proceedings. Quick communication, delivering documents concerning the pending case via e-mail. Short deadlines for filing documents. Preventing deliberate prolonging of the proceedings by the parties. All those changes allow to pass a judgement within several weeks.