A. History and Background of the Lewiatan Court of Arbitration
The Lewiatan Court of Arbitration is a permanent court of arbitration as defined in Polish Code of Civil Procedure Article 1181 Paragraph 3. Being an autonomous, separate and independent organizational entity of the Confederation of Private Employers Lewiatan, the Lewiatan Court has no individual legal personality. The Lewiatan Court of Arbitration was established by resolution of the Extraordinary General Meeting of the Polish Confederation of Private Employers Lewiatan on February 15, 2005. The initiative of establishing the new arbitration institution was proposed by the Polish arbitration community. The organization of the court has been financed partly from the EU assistance funds.
1. The tasks of the Lewiatan Court of Arbitration
The principal task of the Lewiatan Court is to operate as a permanent court of arbitration. Its functioning may be then described in four areas:
(i) the legislative function—performed by developing and publishing of rules of procedure to be observed by the parties, the arbitrators and, which is also possible, by other participants of arbitration proceedings;
(ii) the organizational and administrative function involving the court:
• a system enabling having an arbitral tribunal formed in an alternative manner in the event a party has not appointed an arbitrator through an alternative appointment system (cf. Lewiatan Rules Appendix 1 Paragraph 1 letter a) or through appointment of an Emergency Arbitrator (Lewiatan Rules Appendix 2 Paragraph 4);