PL EN


2018 | 27 | 4 | 969-1004
Article title

Dochodzenie roszczeń z zobowiązań naturalnych przed sądem polubownym

Authors
Title variants
EN
The pursuit of claims concerning natural obligations in arbitration
Languages of publication
PL
Abstracts
EN
This paper shall consider two questions: 1) can natural claims be pursued de lege lata in arbitration (the issue of arbitrability), 2) can awarding a natural claim in arbitration be a basis for setting aside of an award or for refusing recognition or enforcement of an award. On one hand, a definitional property of natural obligations (claims) is their unsuability, i.e. the incapability of being effectively pursued before a common court. On the other hand, a court proceeding is not the only way to resolve a legal dispute. Parties are able to subject their dispute to arbitration, whose award will obtain legal validity of a State court judgement after its recognition or enforcement. In this context there arises a question whether admissibility of pursuing natural claims in arbitration does not open a way to circumvent their unsuability. The paper focuses on two cases of natural obligations undisputable in Polish law: obligations where a creditor’s claim was barred by limitation and the so-called unclassified gaming and bets obligations. The analysis of current regulations presented in the paper leads to the conclusion that in both cases disputes concerning such claims are arbitrable. However – if an arbitral tribunal awards a natural claim – the possibilities of setting aside of such award or refusing recognition or enforcement thereof are very limited. In consequence, the regulations in force to a certain extent make it possible to circumvent the construction of a natural obligation by subjecting of a dispute concerning such obligation to arbitration, which is criticisable.
Year
Volume
27
Issue
4
Pages
969-1004
Physical description
Contributors
  • University of Warsaw
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-e7de5db4-c56c-4f53-9954-cf5dd3367bb2
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.