Remarks on the reform of the Polish arbitration law in the field of intra-corporate disputes — part I

Abstract

The article presents the situation of Polish intra-corporate arbitration in connection with the amendment introduced by the arbitration law reform in September 2019 from a historical and comparative perspective. The reform granted objective arbitrability to intra-corporate disputes — especially regarding disputes over the validity of shareholders’ resolutions. Previously, the lack of objective arbitrability together with other legal impediments to the Polish arbitration courts’ jurisdiction over those disputes was known for hindering the development of Polish corporate arbitration. The aim of the article is to: a) present the previous legal barriers to intra-corporate arbitration, b) analyze legal changes and the situation of Polish intra-corporate arbitration from a comparative perspective, c) present de lege ferenda postulates.