L’adhésion à une clause d’arbitrage per facta concludentia

Determining the subjective and personal scope of an arbitration agreement is a substantial issue considering the disputed case, and one of fundamental importance with respect to the enforcement of the future arbitral award. The provisions of the Polish Code of Civil Procedure (PCCP) delineate situations in which, because the arbitral award considers issues not covered by the arbitration agreement, or because it exceeds the agreement, set -aside proceedings may be instituted, or the enforcement of the award may be denied. This article considers whether, de lege lata, in light of the PCCP, there are solutions to the frequent situations where the non -signatories of an arbitration agreement can be bound by it or, regardless of the subjective scope of the arbitration agreement, the application of an arbitration agreement could be accepted by conduct. The author also studies the issue de lege ferenda, whether, in light of the Polish arbitration law, given recent developments in international arbitration law concerning the formal requirement of arbitration agreements, the acceptance of an arbitration agreement by conduct could be possible.