Obecna sytuacja arbitrażu korporacyjnego w prawie polskim
The current position of corporate arbitration in Polish law

Summary/Abstract: In many countries in the world, corporate arbitration is considered as an effective way of solving the “corporate disputes”, in particular those regarding challenging of the shareholders’ resolutions. In Poland, as a result of faulty regulation of both art. 1157 and art. 1163 of Polish Code of Civil Procedure, the objective arbitrability of such disputes is highly questionable and therefore subject to numerous controversies in the legal doctrine. Attempts to find the answer to the question of the existence and potential scope of the arbitration in cases of appealing the resolutions of the meetings of the capital companies require an in-depth legal analysis, a thorough assessment of the material nature of corporate disputes and the general reconstruction of the terms of arbitrability. It is worth pointing out both the legal obstacles to the recognition of arbitrability of resolutions on the one hand, and on the other one, the systemic and functional arguments in favor of arbitration in this legal field (especially the controversial idea that the article 1163 of the CCP shall in fact serve as lex specialis in relation to the Article 1157 of the CCP).

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