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Polish Supreme Court judgment dated 7 October 1922 Case No. C 54/22

1. The clear wording of the deed of purchase and sale leaves no doubt that the parties submitted to the arbitration court, in advance, all disputes which might arise out of the contract, certainly not excluding a dispute over transfer of ownership.

2. When referring in the deed to the West Prussian Chamber of Agriculture as authorized to appoint the presiding arbitrator, the parties must have had in mind, for the future, the analogous Polish institution, because the deed was concluded after signing of the Treaty of Versailles, in which Pomerania was awarded to Poland.

Publication date: 07-10-1922 | Case no.: C 54/22

Key issues: arbitration agreement

id: 20001

Polish Supreme Court ruling dated 27 March 1922 Case No. C 791/21

Only certification by a notary or justice of the peace of the signatures of all the persons taking part in the arbitration court—that is, the signature of the parties as well as the arbitrators—gives solemn form to the submission to arbitration, and, as follows from that, transforms such deed from an ordinary writing into a submission to arbitration, pursuant to the common maxim that the form gives being to the thing (forma dat esse rei). In other words, in cases where the parliament requires certain strict forms in performing an act, the act itself exists only if such forms are observed.

Publication date: 27-03-1922 | Case no.: C 791/21

Key issues: arbitration agreement

id: 20000

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