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January 20, 2025 2025-07-11 10:55Home
expedited justice -
a modern arbitration court
ABOUT US
ARBI3 – Your Trusted Partner in Dispute Resolution
We are the fastest Polish arbitration court for companies.
In payment cases, we secure a judgment within 45 days of filing a claim.
Don’t stand in line for justice.
WHY US
Why Choose ARBI3?
- We Are Completely Independent
As an arbitral tribunal, we issue awards, but we different from public courts. We operate on the basis of statutes, rules of procedure and an arbitration clause.
The arbitrators, i.e. the judges, are lawyers and solicitors with many years of experience and knowledge of business realities. This is a huge advantage over traditional courts.
Arbitrators are independent in their decisions, deciding only 1 case at a time. As a court, we provide a service. We therefore operate at the highest professional level.
- Low Costs, Such as Insurance
When entering into a contract, the parties bear the cost of a prevention clause, amounting to as little as 1% of the contract value.
If a dispute arises (e.g. non-payment), a judgment will be rendered in 60 days, without additional court fees, or in 45 days (fast track).
Check our online calculator to calculate the fees.
If your company enters into multiple similar contracts per month, please contact us for a subscription or bundle relationship.
- Speed and Certainty Prevents Disputes
The guarantee of a swiftly obtained judgment effectively discourages breaches of contract, including late payments. Each party knows that, without additional fees, it can defend its rights.
The arbitral tribunal can grant security, and its awards receive an enforceability clause, just like the awards of “standard” ordinary courts.
It usually takes three months from the filing of a claim with the ARBI3 to the referral of the case to a bailiff. Cases in the ordinary courts take years.
Steps of Collaboration
How Does It Work?
01
Preventive Clause
Add a precautionary clause to your contract. Within 14 days of concluding the contract, pay the clause fee and submit the contract to our register.
You can find a model clause and instructions on how to pay the fee in our FAQs.
If your business has multiple similar contracts, contact us for a subscription or bundle arrangement. It’s a low-cost way to get swift justice and discourage a counterparty from breaching a contract.
Both parties gain reassurance that the terms of the collaboration are worth complying with. Invoices and documents can be marked with a “Secured by precautionary clause”.
02
Initiating Proceedings
Contractor has not honoured the contract? Do you expect payment of remuneration or damages? File a lawsuit by e-mail, attaching the contract and other relevant documents and evidence (e.g. invoice, acceptance report).
You do not need an attorney, and do not be afraid of formal errors. A court-appointed arbitrator will contact you in case of doubts. The case will be decided by 1 or 3 arbitrators, depending on the choice of the parties.
04
Judgment
If the case did not require the participation of experts, the judgment is rendered in 45 or 60 days – depending on the procedure chosen. The parties receive a statement of reasons with the judgment. The loser pays the costs of the trial.
If the judgment is not enforced, it can be enforced quickly in the ordinary court and the case can be referred to a bailiff.
The parties receive a specimen application for an enforceability clause together with the judgment, and it is granted without re-examination of the merits of the case.
03
Proceedings
The statement of claim goes to the defendant, who has the opportunity to respond. The arbitrator can contact both parties directly or during the hearing, question witnesses, request additional information or evidence, appoint an expert, grant security. Everything happens online. The time limits set are as short as possible in order to resolve the dispute efficiently.
The arbitrator is objective, committed and strives for a fair award. He or she can signal to the parties how he or she assesses the case at a given stage, so as to enable them to take additional action or reach a settlement (which will have the force of an award).
Calculate Costs
How much does it cost?
ARBI3 is a professional arbitration court that handles only disputes between entrepreneurs who have included a preventive clause in their contracts. The cost of the preventive clause is:
1% of the contract value if the case is to be resolved by a sole arbitrator;
2% of the contract value if the case is to be resolved by a panel of three arbitrators.
The contract value refers to the net remuneration specified in the agreement (for ongoing contracts – up to a maximum of one year). The fee is rounded up to the nearest whole Polish złoty, with a minimum of 50 PLN and a maximum of 20,000 PLN net. In comparison, court fees in common courts are typically 5% of the value of the dispute, with a minimum of 30 PLN and a maximum of 200,000 PLN – and the proceedings can take years.
If a dispute arises, the claimant may pay an additional 1% fee to have the case resolved through the expedited procedure: 45 days. If they choose the standard procedure, the award will be issued within 60 days with no additional court fees.
If your company enters into many similar contracts, contact us to discuss a subscription or package-based cooperation. It’s an affordable way to ensure swift justice and encourage both parties to act in good faith.
Additionally, apart from arbitration fees, the losing party is required to reimburse the winning party for other incurred costs, such as legal counsel fees and expert fees (if their involvement is necessary).
Do You Have Any Additional Questions?
FAQ
Frequently Asked Questions
If you have a question, check here – the answer might already be waiting for you. Otherwise, contact us, and we will be happy to clarify any doubts you may have.
What is ARBI3 Arbitration Court and How Does It Work?
ARBI3 is an arbitration court (otherwise known as an amicable court). It is a court, so it can resolve disputes. It differs from ordinary courts in that it is not a public body, operates on the basis of a statute and rules of procedure developed by practitioners, and is fully independent. ARBI3 can award a case if the parties to the dispute have what is known as an “arbitration clause” or otherwise as an “arbitration clause”.
ARBI3 only handles disputes between companies that, at the conclusion of the contract (before the dispute arose), have included a preemptive clause in the contract. This is a special type of arbitration clause – a service that is paid for at the conclusion of the contract and ensures ARBI3’s willingness to hear any dispute quickly, even at no extra charge. Disputes may relate to payment or reimbursement of wages, damages and other property claims.
Proceedings before ARBI3 are considerably more efficient and less formalised than in a court of law. The arbitrator assists the parties to the proceedings – points out deficiencies, requests additional evidence, warns of the consequences of particular actions, encourages settlement (if possible). He or she strives for a prompt and fair award. As a rule, an arbitrator handles only one case at a time and is therefore well versed in it and acts efficiently. He requires the same from the parties to the proceedings, who are obliged to respond promptly to summonses and present their positions without delay.
When to Choose an Arbitration Court?
ARBI3 is an arbitration court dedicated to professionals – companies, partnerships, entrepreneurs. It does not adjudicate cases involving consumers.
Choose ARBI3 if you want the parties to properly perform their contractual obligations. The precautionary clause is an excellent motivation to fulfil obligations on time, in particular payments. You can remind them of it on your invoices. Your contractual partner will not delay payment if he knows that, in the event of delays, you can quickly obtain a judgment, an enforcement clause and then refer the matter to a bailiff without additional costs.
If you frequently enter into similar contracts, contact us to agree a subscription cooperation or to purchase a package of preventive clauses. It’s a low-cost way to get swift justice and motivate parties to a contract to act fairly.
What to do to benefit from ARBI3?
It is simple.
- Include a precautionary clause in your contract.
- Calculate and pay for the clause.
- Submit the clause to ARBI3.
You can find details on each of these steps in our FAQs, and if you have additional questions, please email us!
If you enter into a lot of contracts where you want a preventive clause, ask us about purchasing a clause package or a subscription partnership – it’s a low-cost way to keep all your contracts safe!
Who is an arbitrator? Is an arbitrator a judge?
An arbitrator is an impartial and independent person appointed to resolve a dispute between parties. He or she is a so-called “judge of choice”. ARBI3 judges are, according to the law, only persons with full legal capacity and enjoying full public rights, who additionally have knowledge and professional experience in a specific field related to the subject matter of the dispute. This allows them to adjudicate efficiently, objectively and simply well (fairly) in the cases referred to them.
In addition, at ARBI3 we require each arbitrator to be an attorney or legal advisor, with experience in handling business. This allows ARBI3 to fulfil its mission as a professional court, adjudicating cases between businesses.
The arbitrator or arbitrators for a given case are appointed by the president of the court, taking into account the experience of the individual arbitrators and their workload. The absence of conflicts of interest is also verified. As a rule, each arbitrator handles only 1 case at a time, so that the focus is on delivering a fair award as quickly as possible.
Proceedings before the ARBI3 are formalised. This means that the arbitrator is not only a judge, but also a partner for the parties to the proceedings – he or she helps them to present their positions and arguments, warns them about mistakes or about the risk of losing the case, so as to motivate the parties to settle the dispute as quickly as possible.
Is the judgment of an arbitration court binding and effective?
Yes. If the other party does not enforce the award, you can quickly obtain a declaration of enforceability, already granted by the ordinary court – then its provisions can be enforced, e.g. through a bailiff. The common court does not re-examine the dispute on its merits. An arbitral award cannot be appealed on the merits to an ‘ordinary court’ as a court of second instance.
The ordinary court may, in strictly defined cases, refuse to recognise the arbitral award and to grant an enforceability clause – e.g. if a party has not been notified of the appointment of the arbitrator or if the arbitral award does not relate to a matter covered by the arbitration clause (no arbitration clause).
How long will the arbitration proceedings take?
The great advantage of arbitration proceedings is that they run smoothly and take a short time. Normally, an award in ARBI3 is rendered in 60 days from the filing of the claim. The claimant can reduce this period to 45 days for an additional fee. In occasional cases, the above deadlines may be extended if the case is exceptionally complex and it is necessary, for example, to use an expert.
Meanwhile, cases decided by common courts often last for years, due to the high formalism of their proceedings, the enormous volume of cases and the possibility of appealing judgments or orders to subsequent instances.
How many arbitrators will resolve the case?
The number of arbitrators deciding the case depends on the parties’ decision – they specify this in the precautionary (arbitration) clause in the contract. Normally, one arbitrator will render an award, but the parties may also decide to submit the dispute to the decision of three arbitrators.
How much will I pay for arbitration proceedings?
The cost of a precautionary clause is:
- 1% of the contract value if the case is to be decided by 1 arbitrator;
- 2% of the contract value if the case is to be decided by 3 arbitrators.
The contract value is the net remuneration provided for in the contract.
If the contract is continuous (e.g. a lease agreement, continuous provision of services), the contract value is the remuneration provided for a period of 1 year.
The fee is rounded up to the nearest whole PLN, the minimum fee is PLN 50 and the maximum fee is PLN 20,000 net.
If a dispute arises, the suing party may in future pay an additional fee of 1% to have the case heard in an expedited manner: 45 days. If he or she opts for the standard mode, the judgment will be rendered in 60 days, with no additional court fees.
If you have any questions in this regard, please contact us.
How to pay for a precautionary clause?
Pay the fee within 14 days of the conclusion of the contract, to the ARBI3 bank account:
Recipient of the transfer: Arbitrzy sp. z o.o.
Bank account: Santander, 04 1090 1362 0000 0001 4884 7483
Title: Your TIN, contractor’s TIN, date of conclusion of the agreement.
The fee can be paid by either party to the contract. If you do not know whether the other party has already paid, please contact us.
The fee payer will receive a VAT invoice.
What about a miscalculated precautionary clause fee or paying it late?
In the case of an understatement of the precautionary clause fee, ARBI3 will issue a judgment up to the maximum amount of the fee paid. In this case, the plaintiff may pursue the remainder of his claim in the ordinary courts. Alternatively, the claimant may pay an additional arbitration fee, at the statement of claim stage – this amounts to 5% of the value of the subject matter of the dispute, rounded up to the nearest whole zloty. In such a case, ARBI3 will hear the case in its entirety. If the other party loses the case, the arbitrator will award the aforementioned additional arbitration fee to the claimant as reimbursement of the litigation costs.
If the fee on the precautionary clause is paid before the circumstances giving rise to the claim arise or become plausible, it will be accepted by ARBI3 in the normal course. Otherwise, i.e. if the dispute between the parties already exists or was likely to arise soon (e.g. repeated delays in payment of invoices), the consideration of the claim will be subject to the payment of an additional arbitration fee, equal to 5% of the value of the subject matter of the dispute. Failure to pay this fee will render the clause null and void and the claim will have to be pursued through ordinary proceedings before the ordinary courts.
Where and how do I add a precautionary clause?
A precautionary clause can be added in the contract, terms and conditions or general terms and conditions. It is a standard element of the parties’ mutual agreement. It does not require any particular form – if the contract is concluded by email, the clause can also be part of the email. It is also possible to sign an additional agreement or annex, once the contract has been concluded, in which the precautionary clause will be included.
Importantly, the precautionary clause must be concluded and paid for before a dispute arises. The low cost of proceedings before ARBI3 is due to the fact that it is a service of an arbitral tribunal, being on standby to deal with disputes promptly – which in itself usually prevents counterparty dishonesty. ARBI3 will not accept for hearing a case that has its origin in an event prior to the payment of the precautionary clause fee.
A precautionary clause can be added in the contract, terms and conditions or general terms and conditions. It is a standard element of the parties’ mutual agreement. It does not require any particular form – if the contract is concluded by email, the clause can also be part of the email. It is also possible to sign an additional agreement or annex, once the contract has been concluded, in which the precautionary clause will be included.
Importantly, the precautionary clause must be concluded and paid for before a dispute arises. The low cost of proceedings before ARBI3 is due to the fact that it is a service of an arbitral tribunal, being on standby to deal with disputes promptly – which in itself usually prevents counterparty dishonesty. ARBI3 will not accept for hearing a case that has its origin in an event prior to the payment of the precautionary clause fee.
Is there a model for a precautionary clause?
Of course! The template below is an example, you can also use other wording as long as it meets the requirements of our regulations and the law. If in doubt – please contact us!
[MODEL precautionary / ARBITRATION CLAUSE]
1. All disputes relating to and arising out of this agreement shall be submitted by the Parties to the arbitration court ARBI3, conducted by Arbitrzy sp. z o.o. (KRS: 0000922638; hereinafter: ‘the Court’), on the basis of the Rules of this Court in force on the date of the commencement of the proceedings.
2. Disputes will be resolved by [1 arbitrator / 3 arbitrators], the language of the proceedings will be [Polish/English].
3. The Parties confirm that they will avail themselves of the Court’s Preventive Clause, which means that the Court will hear the case under an expedited procedure (award will be made in 45 or 60 days, according to the procedure selected by the Claimant).
4. At least one of the Parties will, within 14 days of entering into this Agreement, pay the Precautionary Clause fee to the Court and notify the Court that a Precautionary Clause has been placed in this Agreement (electronically, at biuro@arbi3.pl). The notice will include:
(a) the names of the parties to the Agreement and their TINs;
(b) the date of conclusion of the contract;
c) a brief description of the subject matter of the contract or its name;
(d) the contract number (if any);
(e) the electronic addresses indicated in paragraph 6 below.
Each Party undertakes to keep the aforementioned addresses under constant review and to promptly notify the Court of any change of the aforementioned addresses, or else correspondence addressed to the current address shall be deemed to have been effectively delivered.
***
I have a precautionary clause in my contract, what should I bear in mind?
First and foremost – about the fair performance of the contract! Its breach by either party entitles you to swift proceedings before ARBI3.
Secondly – inform ARBI3 about the clause. You can find out how to do this in the FAQs.
Thirdly, keep ARBI3 up to date with your contact details, as given in the notification of the precautionary clause. An email to biuro@abri3.pl is sufficient. Proceedings before ARBI3 are fast, mainly electronic. If the arbitrator is unable to contact your company based on the details in the application, he will attempt to seek contact (registered address, details from the company’s website if known to him), but if they are unsuccessful – he will issue a default judgment based on the claim and other information he manages to obtain.
How to report a precautionary clause to ARBI3?
Send an email to biuro@arbi3.pl, stating:
- the names of the parties to the contract and their TINs;
- the date on which the contract was concluded;
- a brief description of the subject matter of the contract or its name;
- the contract number (if assigned);
- the e-mail addresses of the parties to the contract, as indicated in the precautionary clause.
If the information will contain personal data (e.g. one of the contractual parties is an individual), you may send the information in a secured file by sending a password to the file by SMS to +48 531 871 707. In the SMS, you should also provide your Tax Identification Number.
Matters related to courts may seem complicated. That’s why the ARBI3 arbitration court was created – to help you effectively protect your rights.
If you need assistance with:
- securing an agreement with a preventive (arbitration) clause,
- or simply have questions about the operations of our court, feel free to contact us.
We are here to clarify your doubts and provide professional support. Reach out to us – we are at your disposal.
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PLAC KONESERA 12
03-736 WARSZAWA - biuro@arbi3.pl
- 531 871 707
