1. The Court of Appeal shall rule on the enforcement of an arbitration award using provisions on appeal (Art. 12131 of the Polish Civil Procedure Code) and an order of the court of the second instance on enforcement of an arbitral award issued abroad shall be subject to a cassation appeal (Art. 1215 § 3 of the PCPC).
2. An application for declaration of enforceability in the form of granting of an enforcement clause to an arbitration award may be filed by a legal successor of a beneficiary of the arbitration award, if the beneficiary for the first time launches the procedure of incorporation of such an award to the domestic legal order (…). Jurisdiction of the court ruling in such a case is extended to include examination of the prerequisites from Art. 1214 § 3 and 1215 § 2 of the Polish Civil Procedure Code and legal succession (Art. 788 of the PCPC).
3. Article 788 of the Polish Civil Procedure Code applies to both court and out-of-court executive titles, including an arbitration awards which, after being declared enforceable by a court, have the same legal validity as a state court judgment (Art. 1212 § 1 of the Polish Civil Procedure Code).
4. [A]rbitration awards can be declared enforceable only one time.
5. Arbitration award is not an executive title (Art. 777 § 1 of the Polish Civil Procedure Code (…)). When a court declares it enforceable, such an award has the same legal validity as a court judgment (Art. 1212 § 1 of the PCPC) and becomes a writ of enforcement (Art. 1214 § 2 of the PCPC). An arbitration award which has been declared enforceable shall have such binding power as court judgments in force (Art. 365 of the PCPC) and shall have the force of res iudicata (Art. 366 of the PCPC). Such a writ of enforcement may be granted an enforcement clause as a result of a transfer of rights (Art. 788 of the PCPC) provided that the applicant is a legal successor of the person who obtained the writ of enforcement and the applicant proves legal succession with an official document or with a private document with an officially certified signature.
6. Neither legitimacy of a claim nor an obligation of a debtor resulting from an execution title to provide is not examined in the proceedings concerning enforcement of a foreign arbitration award (…).
Publication date: 27-03-2019 | Case no.: V CSK 107/18Key issues: arbitration award, New York Convention, recognition and enforcement of foreign arbitration award