Decision of the Supreme Court (Sąd Najwyższy) [POL] No. I CSK 120/09 of 2 December 2009

Rationes Decidendi:

(A claim for unjust enrichment under Article 18(1) (4) u.z.n.k. [POL]7 [Act on Suppression of Unfair Competition], as a dispute on a property right which may be disposed of by the parties, may be subject to settlement. As such, it may constitute the subject-matter of an arbitration agreement (cf. Article 1157 k.p.c.)8.
Arbitration agreements [...] clearly relate to disputes arising from or connected with agreements on cooperation in the purchase of goods. The respondent’s unfair competition, consisting of the receipt of additional consideration, was not connected [...] with performance under such an agreement, nor did it constitute part of any relationship to the performance thereof, but took place only in parallel to the performance of such an agreement [...]. The claim sought by the party claims hence
is not contractual in nature and is unrelated to the content of the agreement, but concerns unfair competition. The parties, upon entering into an arbitration agreement, could hardly be expected to have envisaged such conduct and entered into an arbitration agreement on that matter. It clearly follows from the content of the arbitration agreement that it concerned disputes related to the implementation of the agreement, rather than all disputes arising during the implementation thereof.