Jacek Jastrzębski took part in a conference on arbitration and ADR in Poland, organised by the Sejm of the Republic of Poland

Jacek Jastrzębski, Chair of the KNF Board, took part in a conference entitled ‘Arbitration and ADR in Poland: barriers, education and directions of development’, which was accompanied by an expert roundtable on ADR methods, with a particular focus on arbitration.

Jacek Jastrzębski shared his experience arising from the years the Arbitration Court attached to the KNF has been operating, using a modern, electronic system of mediation, which allows for remote proceedings, resulting in efficient settlement of disputes, without the need for parties to appear in person. 

He emphasised that the experience of the Arbitration Court attached to the KNF shows both the potential of mediation and the barriers that limit the development of consumer arbitration. 

The Chair of the KNF pointed to a clear contrast between the effectiveness of mediation and a very limited use of arbitration in practice. He emphasised that mediation proved successful, which is illustrated by dozens of settlements reached in cases relating to foreign-currency loans. In this manner, many disputes have been resolved amicably, without the need to involve common courts.

He also emphasised the need for a trustworthy institutional model for consumer arbitration. He suggested creating an institutional framework and adjudication mechanisms that enable simplified procedures, similar to arbitration court mechanisms, before a specialised body. 

According to the Chair, the institution under the auspices of which or within with such a function should be performed is the Financial Ombudsman or the Financial Ombudsman’s Bureau. Organisational changes should go hand in hand with legislative changes because the current legislation, for instance provisions of the Polish Civil Code regarding abusive clauses, strengthens the impression that common courts are a safer path for the consumer. Such regulations may negatively affect the perception of ADR methods, in particular arbitration, by consumers.

The Chair of the KNF declared that the Arbitration Court attached to the KNF is ready to share its solutions and provide support in creating the new institutional model for consumer dispute resolution in the financial market.