Home How are statements of claim filed?
How are statements of claim filed?

A statement of claim can be filed with the secretariat of the Court, at KIPA?s headquarters located at ul. Che≥mska 21 bud. 28c in Warsaw (Poland). Details of the arbitration proceedings are provided in Section III of the Arbitration Rules of SARA.

A statement of claim should:

1.†name the parties to the proceedings and provide their respective addresses, and ? in respect of business entities ? include extracts from a court register or from another public register,
2.†provide grounds for the jurisdiction of the Court with an arbitration agreement (arbitration clause) appended thereto [if there is no arbitration clause in the agreement or in an annex thereto, a written statement from the parties on submitting a specific ? already existing ? dispute to this court for resolution through arbitration (i.e. a compromise) should be appended to the statement of claim],
3.†specify the amount in dispute,
4.†specify exactly the form of order sought, provide reasons therefor and invoke evidence in support of the alleged facts of the case.
5.†The statement of claim may also name the arbitrator appointed by the party concerned, make a motion to have the case heard by a sole arbitrator and other formal motions.
6.†The statement of claim must be filed with the Court in the language of the proceedings, with the necessary number of copies attached thereto for each of the respondents and for each arbitrator. Where a litigation attorney has been appointed, the statement of claim should be accompanied by an original power of attorney, or by a certified copy thereof, and the attorney?s address should be specified.

If there are formal defects in the statement of claim:†

  • The secretary general of the Court will ask the claimant to cure formal defects in the statement of claim and to pay a registration fee and an arbitration fee within a fixed time-limit, not exceeding three weeks, in the amount specified in the Fee Payment Rules of the Court of Arbitration of the Audiovisual Market at KIPA, hereinafter referred to as the ?Fee Payment Rules?, prevailing on the date when the statement of claim is filed, otherwise the president of the Court will order the statement of claim to be returned.

Any fees will be transferred to the bank account of SARA only upon receipt of the request.