Legal regulation of arbitrability of private-law disputes in European legal traditions : inspiration for Polish arbitration law

The text comments on the arbitrability regulations in various European legal traditions in a comparative perspective. Because of its practical significance arbitrability seems to be one of the most essential issues of commercial arbitration, where the contractual and jurisdictional natures of national and international commercial arbitration meet head on. The regulation of arbitrability in its 'objective dimension' also constitutes an important indicator of level of restrictions and limitations imposed by national laws on the choice of matters to be referred to and resolved in private way. Such an issue seems crucial in the context of current economic tendencies and visible need for flexible and efficient commercial transactions. In this sense, Polish regulation of arbitrability based on the solutions of traditional German legal system appears to be not liberal enough and its revision in accordancewith contractual Roman system should be reconsidered.