Dopuszczalność poddania do rozpoznania sądowi polubownemu sporów dotyczących uchylenia lub stwierdzenia nieważności uchwał organów spółek kapitałowych

Commercial companies’ disputes is the category of disputes often being a subject to arbitration. However, their characteristic feature is particular degree of complexity. That is mainly because of the complicated structure of the entities that could be involved into the arbitration proceedings. As for the parties to the proceedings, it has to be indicated that shareholders, company itself, and – which is still a matter of controversy – bodies of the company, members of those bodies and third parties can take part in the dispute before the arbitral tribunal. The purpose of this essay is to consider whether bodies of the company (and its members) may be the party to the arbitration agreement and therefore – the party to the arbitration proceedings, in case such situation happens to occur. The principal issue to be analyzed are possible procedural consequences of the subscription of bodies and its members into arbitration agreement, in particular, if the principal subject of the dispute is setting aside or annulment of the resolution of the company body .