Dopuszczalność wszczęcia postępowania pojednawczego w przypadku istnienia zapisu na sąd polubowny
Admissibility of initiating conciliatory proceedings if an arbitration agreement exists

Summary/Abstract: This article focuses on the assessment of admissibility of conciliatory proceedings (regulated in Articles 184 to 186 of the Polish Code of Civil Procedure), in a situation where the parties have entered into an arbitration agreement. The purpose of the analysis is to evaluate whether conciliatory proceedings are examination proceedings or independent proceedings, wherein the parties resolve the dispute between them in the form of a settlement. A short description and comparison of conciliatory proceedings and proceedings before an arbitral tribunal has been provided. The author has highlighted the differences between the two proceedings, and the consequences arising therefrom for the admissibility of alternative conduct of those two proceedings to resolve the same case. The author has also analysed whether the regulations currently in force offer the parties the freedom or right to choose that alternative method which is more convenient for them. It has been analysed whether a plea of arbitration agreement, if raised, forms a relative formal and procedural obstacle excluding the admissibility of conciliatory proceedings. Thus, this article discusses issues relating to systemic connections between conciliatory and arbitration proceedings, and to the relations between those proceedings.

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