Decision of the Supreme Court No III CZP 13/09 of 7 May 2009

Rationes Decidendi:

Article 1163 § 1 k.p.c. [POL] contains no specific rule in relation to Article 1157 k.p.c. [POL] setting out the requirement that disputes in respect of which an arbitration agreement has been concluded may be subject to settlement.
The two provisions of the Code of Civil Procedure [k.p.c.] cited in the preceding paragraph have completely different subject-matter. Article 1157 k.p.c. [POL] lays down the limits of arbitrability for a dispute by determining, as a major criterion of such arbitrability, [...] the fitness of a dispute for settlement. Article 1163 § 1 k.p.c. [POL], [...] on the other hand, only provides that an arbitration agreement may be contained in the memorandum of association of a [business] company and that it is
binding on the company and its shareholders.
The purpose of Article 1163 k.p.c. [POL] is not to lay down preconditions for the arbitrability of disputes in the relations of a company. This is specifically clear from the fact that Article 1163 § 1 k.p.c. [POL] does not set out the conditions which a dispute [concerning a business] company would have to meet to be arbitrable.
A special provision in relation to Article 1157 k.p.c. [POL] may be only a provision which deals with (different) treatment of the arbitrability of the
dispute.