The Interpretation of Imperfect Arbitration Agreements: In Search of the Parties’ Intention to Arbitrate

Abstract

This article aims to review several arbitration agreements governed by Polish law and some arbitration clauses subject to foreign law, which may be considered flawed or imperfect. Furthermore, it will demonstrate how Polish and foreign courts handled these agreements. It is worth noting that the approach of courts to interpreting these agreements may vary from case to case. In some decisions, courts disregard the parties’ intention to arbitrate, prioritizing the jurisdiction of state courts, while in others, they employ a ‘pro-arbitration’ interpretation, thereby closing the door to state courts’ involvement in the case. In summary, our primary focus will be to identify the parties’ intention to engage in arbitration within the various cases we examine.