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Alternative title:

Remarks on the reform of the Polish arbitration law in the field of intra-corporate disputes — part I

Subject and Keywords:

objective arbitrability   corporate arbitration   intra-corporate disputes

Abstract:

The article presents the situation of Polish intra-corporate arbitration in connection with the amendment introduced by the arbitration law reform in September 2019 from a historical and comparative perspective. The reform granted objective arbitrability to intra-corporate disputes — especially regarding disputes over the validity of shareholders’ resolutions. Previously, the lack of objective arbitrability together with other legal impediments to the Polish arbitration courts’ jurisdiction over those disputes was known for hindering the development of Polish corporate arbitration. The aim of the article is to: a) present the previous legal barriers to intra-corporate arbitration, b) analyze legal changes and the situation of Polish intra-corporate arbitration from a comparative perspective, c) present de lege ferenda postulates.

Date issued:

2021

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 1733-5779   ISSN 0239-6661

DOI:

10.19195/1733-5779.37.17

Source:

PAd 102060 II

Language:

pol

Abstract Language :

eng

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg