Abstract

The article describes problems pertaining to arbitrability of corporate disputes. It focuses on an important aspect of this topic as regards entities which are subject to the arbitration covenant.

In the fist part of the article, the author discusses views present in the doctrine and judicial decisions.

In the second part of the article, he sums up and makes an attempt at formulating his own view. He suggests that Art. 1163.1 of the Polish Code of Civil Procedure, which regulates this problem, must not be interpreted extensively. Concluding, he notes that members of the Management Board are not subject to the arbitration clause provided for in the articles of a company.