Decision of the Supreme Court (Sąd Najwyższy) No. V CSK 439/09 of 18 June 2010

Rationes Decidendi:

The subject-matter of an arbitration agreement is legal relationships, not specific claims arising from such relationships. The possibility of subjecting a dispute to the jurisdiction of arbitrators is abstractly defined for legal relationships, not for the types of claims arising from such relationships (enforcement, a declaration of whether or not a legal relationship or right exists here). The [objective] arbitrability of a dispute depends on the type of legal relationship.
A precondition of [objective] arbitrability is the abstract possibility of the parties to the dispute to dispose of rights arising from the legal relationship between those parties. In this regard, arbitrability is not dependent on whether the parties can reach a particular settlement. It is therefore irrelevant [...] whether a party itself could conclude and declare that a contract is null and void; [...] the material factor is whether the parties can reach an amicable settlement.