Arbitraż sporów rodzinnych
Arbitration of family disputes

Summary/Abstract: The idea of arbitration – an informal and based on the principle of autonomy of the parties – an alternative method of recognition of legal disputes, seems to be incompatible with an assumption that state court is an exclusively competent authority to resolve all disputes in the field of family law. It is commonly acknowledged that only state courts are powerful enough to apply public interest (and the best interest of the child) in family cases. However the legislator, following international trends, has extended the catalogue of arbitrable disputes. The paper aims to present the issue of arbitrability of disputes, which arise out of family law by analyzing particular examples of family cases – in the light of the provision of Article 1157 of the Code of Civil Procedure. This leads to the conclusion that – while family disputes regarding non-property (divorce, parental authority) are mainly non-arbitrable, disputes over property right can be submitted to arbitration (due to the latest Amendment of the Code of 2019).

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