The subject of this gloss on the Supreme Court's order of 19 January 2024, II CSKP 897/22, is the examination of the correctness of the Supreme Court's recognition of the lack of funds for arbitration proceedings as the inoperative arbitration agreement in light of Article 1165 § 2 of the Code of Civil Procedure. The analysis of this subject requires, first of all, an assessment of the relationship between the arbitration clause and the constitutional guarantee that is the right to a court, as well as the relationship between the loss of the effect of arbitration clause (Article 1165 § 2 of the Code of Civil Procedure) and the loss of its force (Article 1168 of the Code of Civil Procedure). Although Polish legal doctrine includes studies on this subject, it has not received particular attention. The analysis of the problem leads to a critical view of the Supreme Court's decision. In the author's opinion, the factual circumstances that the Supreme Court deemed as rendering the arbitration agreement unenforceable should not be classified as such.