Abstract

In the commented judgment of 15 December 2016, the Appellate Court in Katowice resolved whether a shareholder could be excluded from a limited liability company by an arbitration court. There are contradictory viewpoints on this issue both in jurisprudence and in commercial law literature. The Appellate Court in Katowice ruled that such dispute could be effectively regulated in an arbitration clause. However, arguments concerning the specific nature of such dispute should be invoked in favour of an opposite viewpoint.