Dispute over non-existence of a legal relation under a contract, resulting from the contract’s invalidity, may be subjected to arbitration.

A company that entered with a bank into an FX options contract, which contained an arbitration clause, brought a case to the common court for declaration that specific FX options transactions executed between the parties are invalid. The bank has raised the plea of existence of an arbitration agreement, moving for rejection of the statement of claim. This motion was dismissed by the court of first instance. By examination of the appeal of the defendant bank, the appellate court called into question the possibility of subjecting this type of dispute to arbitration.

English language of the summary of the resolution together with justification available at the arbitration.pl portal.

Information from Łaszczuk i Wspólnicy Law Office