Abstrakt
Abstract
The paper deals with an arbitration clause by reference as a form often used in practice. I analyze this issue with emphasis on the meaning of the reference under art. 1162 § 2 of the Polish Code of Civil Procedure. It seems that, at least in regard to the contracts concluded between entrepreneurs, the reference should be defined flexibly. This is supported by arguments relating: (i) to the purpose of introducing this institution to the Polish Code of Civil Procedure; (ii) directly to the wording of art. 1162 § 2 of the Polish Code of Civil Procedure; (iii) to the statutory rules of interpretation of the arbitration clause as a contract. Finally, the paper presents how the issue of an arbitration clause by reference looks like in France and Switzerland, based on the selected case-law in these countries. Słowa kluczowe: forma zapisu na sąd polubowny – zapis na sąd polubowny przez odesłanie – odesłanie – umowa główna – ogólne warunki kontraktu Keywords: form of the arbitration clause – arbitration clause by reference – reference – main contract – general terms and conditions of the contract„One obvious aspect of the problem is the advent of technologies beyond the imagination of the drafters of 1958, and indeed those of 1985”. T. Landau1