Supreme Court (Sąd Najwyższy) Decision, Case No. II CSK 263/08 as of 30 October 2008

Rationes Decidendi:

An effective arbitration clause requires the appointment of an arbitration court given the task of resolving a dispute.
Pursuant to Article 1161, Sections 1 and 3 of the Code of Civil Procedure, the parties may submit a dispute for resolution by a permanent arbitration court or by an appointed court [ad hoc]. The clause is required to take the written form (Article 1162 of the Code of Civil Procedure). In case a permanent arbitration court is chosen pursuant to Article 1161, Section 3 of the Code of Civil Procedure, the clause should indicate the court, which must be considered a pertinent part of such contract. Indicating a permanent arbitration court should be specific enough so that the permanent arbitration court can be identified, i.e. it should at least include the seat of the permanent arbitration court and the name thereof, should there be more than one arbitration court in the given location.
Any interpretation of contractual provisions with regard to dispute resolution in specific cases by an arbitration court should be precise, since such contract, to certain extent, forms a restriction on the right to trial as guaranteed by Article 45, Section 1 of the Polish Constitution, pled in the cassation appeal. Therefore, the scope to which the parties limit their right to judicial protection of their rights calls for precise interpretation.