Consumer
March 9, 2026 2026-03-09 13:47Consumer
Consumer
It is worth resolving disputes amicably. If that is not possible and the parties are unable to reach an agreement, ARBI3 may issue an award in their case. This most often happens where both parties are firmly convinced of their positions, have relevant evidence, and their expectations are far apart. Otherwise, it is always better to resolve a dispute amicably so as to avoid generating additional costs.
ARBI3 may examine:
- disputes concerning proprietary rights, except for maintenance claims;
- disputes concerning non-proprietary rights, provided that they may be settled by way of a court-approved settlement.
Where one of the parties to the dispute is a consumer, the arbitration proceedings before ARBI3 are conducted with particular care to ensure that the consumer understands both the subject matter of the case and the manner in which the case is handled by ARBI3. Below you will find key information for consumers.
ARBI3 hears only those cases in which the relevant company has entered into an agreement with ARBI3 under which it has undertaken to allow consumers to use arbitration. The company pays a monthly subscription fee for ARBI3’s readiness to resolve disputes promptly.
If, in the company’s assessment, the consumer is not properly fulfilling their obligations, the company may notify ARBI3 accordingly, while at the same time consenting to the case being examined by ARBI3. The tribunal then contacts the consumer by email and SMS, providing the relevant information. At this stage, the consumer may, for example, settle any outstanding financial obligations.
ARBI3 Arbitration Court is a court in which:
awards are issued by independent experts (arbitrators), as a rule within 30 days;
cases are conducted online, without unnecessary formalities;
the arbitrator contacts the parties in order to understand their arguments and issue a fair award;
a settlement may be reached at any stage.
The costs of proceedings before ARBI3 are set at a lower level than the costs of proceedings before a common court. Detailed information in this regard is provided in the email relating to the particular case.
Where there is an intention to pursue a dispute, it may be resolved either by an ordinary common court or by the ARBI3 Arbitration Court. For the case to be decided by the ARBI3 Arbitration Court instead of a common court, the consumer’s consent is required.
Such consent must be given in writing (with a handwritten signature or a qualified electronic signature), individually for the specific case, after the dispute has arisen. A template of the consent is available HERE.
If such consent is not given, the company may freely refer the case to ordinary court proceedings, which will be more formalised and, ultimately, more costly for the losing party.
If consent is given, the case will be examined by ARBI3 instead of a common court, in accordance with the rules of the tribunal (HERE). The proceedings are straightforward, conducted online, and the arbitrator remains in regular contact with the parties in order to understand their arguments and issue a fair award. During the process, the arbitrator may indicate the direction in which their decision is heading on the basis of the evidence presented at that stage, as well as what is still missing for a fuller assessment. The parties are treated equally in all respects. Each party has the right to be heard and to present its arguments and evidence in support of them.
Arbitration Award
Proceedings before ARBI3 conclude with an award. The award is binding on the parties to the proceedings. Either party may then apply to a common court, under the expedited procedure for the enforcement of an arbitral award (by obtaining an enforcement clause). Together with the award, ARBI3 also provides a template of the relevant application and an explanation of how and where such a clause may be obtained promptly.
No appeal or recourse to a common court is available against an award issued by ARBI3. Only in exceptional cases may a common court uphold an application to set aside an arbitral award or refuse recognition of an arbitral award – for example, where the parties did not consent to arbitration, a party was not notified of the proceedings, or where the recognition or enforcement of the arbitral award or a settlement concluded before the arbitral tribunal would be contrary to the fundamental principles of the legal order of the Republic of Poland (public policy clause) (for more, see Articles 1206 and 1214 of the Polish Code of Civil Procedure).
Once an enforcement clause has been obtained, an ARBI3 award may, for example, be referred to a bailiff for enforcement, which will involve additional costs for the party that lost the case and failed to comply with the award.
Should you have any questions, please contact the tribunal at: biuro@arbi3.pl.
