Parties can submit to arbitration any dispute concerning property rights (i.e. including monetary claims), as well as disputes concerning rights of a non-property nature to the extent that the dispute could be the subject of a court settlement (except for spousal and child support). Generally, matters concerning civil status and capacity of individuals, family law and support are not arbitrable.
An arbitration agreement (or clause) has to be in writing. This requirement is met if the agreement or clause is contained in an exchange of correspondence or other recorded communications (this does not apply to labour law matters, however, in which the parties may agree to arbitration only after a dispute has arisen).
The Polish Civil Procedure Code contains a special provision concerning arbitration agreements (or clauses) which states that a power of attorney granted by a business entity relating to a given legal action includes authorisation to submit related disputes to arbitration.
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read furtherWhen a company has been issued an environmental permit, e.g. to release particles into the atmosphere, may it freely assign its rights under the permit?
read furtherInterest in arbitration is growing, due to its effectiveness, professionalism, confidentiality and speed—particularly important benefits for businesses. But the parties do not always take full advantage of the possibilities.
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