„The Compulsory Arbitration” – an Ambivalent Construction or a Response to the Needs and Complexity of Modern Reality

The aim of the article is to present the most important moments in a development of the institution of the compulsory arbitration, for which the starting point was and still is a voluntary arbitration. For this purpose the selected features of the institution of arbitration are discussed – the features which have appeared in the historical development of this institution, in order to discuss in detail the compulsory arbitration as a non-obvious exception of this institution, in particular on example of the Polish legal solutions concerning consumers and the clients of airlines. The introduction of this sort of arbitration has been decided by the legislator, probably in connection with the need to ensure a “better” protection of particular goods. The authors answer to the questions about the role of compulsory arbitration in the 21st century, especially in times of the current institutional crisis. Is it, in the opinion of the law-making authority, a kind of remedy for the weaknesses of traditional courts and even the amicable proceedings? Or: Is it merely a more efficient way of an amical way of resolving conflicts? They ask about the purpose of the compulsory arbitration – a way of proceeding which “forced” the parties to seek of a resolution of a dispute in a certain way, as well as the very legal meaning of this “coercion” of the parties to certain actions.

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