Zdatność arbitrażowa w prawie niemieckim i szwajcarskim. Analiza prawnoporównawcza.
Arbitrability in German and Swiss Law. A Comparative Analysis.

Summary/Abstract: The paper aims to present a comparative law study on the issue of arbitrability, which defines the material scope of arbitration and constitutes the basis for the jurisdiction of the arbitration court, in the legal systems of Germany and Switzerland. In the opinion of the author the rules on arbitrability in the law of these two abovementioned states have been more accurate than the one existing in the Polish law. The analysis of Polish legal doctrine shows that since the amendment of the Polish Law on Civil Procedure the issue of arbitrability has been strongly debated due to the ambiguous wording of the provision thereon. According to a view prevailing in the Polish jurisprudence, under Polish law the disputes are arbitrable, if the issue of the accordant dispute may be settled by agreement of the parties. In view of the author the criterion chosen by the Polish legislator unnecessarily narrows the scope of arbitrability. In the light of the existing strong tendency in the arbitration practice to expand the scope of the disputes that are arbitrable, which may be observed in the law of Germany and Switzerland, the interpretation of the Polish provision on arbitrability needs to be revised.

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