Decision of the Supreme Court (Sąd Najwyższy) No II CSK 670/09 of 21 May 2010 (parties unknown)

Rationes Decidendi:

The wording “may be subject to settlement” applies to disputes on both property and non-property rights. It is common ground under doctrine and case-law that the parties may seek the award of certain enforcement, a declaration of the existence of a relationship or a right (a declaration of whether or not a right exists here) or the establishment of a particular legal relationship before an arbitral tribunal.
A grammatical interpretation of Article 1157 k.p.c. [POL]2 shows that, from the perspective of this legislation, it is of fundamental significance whether a dispute on a property or non-property right may be subject to settlement. By contrast, it is entirely irrelevant [...] whether or not the conclusion of a particular settlement (in terms of its content) would be admissible. [...] The valid conclusion of a settlement is subject to a party’s abstract capacity to dispose of its rights (claims arising from them), rather than just to the possibility of concluding a particular settlement. In other words, it is immaterial whether, within the limits of specific [factual and to some extent legal] circumstances, the parties may conclude a settlement on particular enforcement (content) where such arrangements, from an abstract aspect, may include a legal relationship or rights which may be disposed of by the parties. The content of such arrangements may, in a particular case, be in conflict with applicable law or rules on social co-existence (Article 58, § 1 and 2, k.c. [POL])3. Any consideration of the arbitrability of a dispute cannot include an assessment of whether a specific settlement and its content would be inconsistent with the law and whether the precondition of “mutual concessions” within the meaning of Article 917 k.c. [POL]4 has been met.
The fact that a dispute concerns the question of the existence (absence), validity (invalidity), or other defect of a legal act has no effect on an assessment of arbitrability.