An arbitration agreement encompasses not only the disputes explicitly mentioned in its substantive scope but also cases relating to these disputes (Appellate Court of Katowice (Sąd Apelacyjny w Katowicach) 1st Civil Division, Case No. V ACz 510/14 of June, 2 2014)

An arbitration agreement encompasses not only the disputes explicitly mentioned in its substantive scope but also cases relating to these disputes. Consequently, the prohibition of hearing the case by the state court is applicable also if the determination of the case presented before the state court and not explicitly covered by an arbitration agreement is impossible without examining a dispute being the subject of such an agreement.

keywords
domestic arbitration
effect of an arbitration agreement
Polish arbitration law
scope of the arbitration agreement
state courts
about the authors

Kamil Zawicki is an attorney and partner at the Polish law firm of KKG Kubas, Kos, Gaertner, heading its “German Desk”. He has broad experience in litigation and arbitration. Mr. Zawicki’s areas of interest are mainly international business commercial law and Mergers & Acquisitions. He is the author of several publications on arbitration, insurance and re-insurance law and corporate law.

e-mail: kamil.zawicki@kkg.pl


Maciej Durbas, associate, KKG Kubas Kos Gaertner – Adwokaci


Kuba Gąsiorowski, associate, KKG Kubas Kos Gaertner – Adwokaci