case law

id : 20266

id: 20266

Polish Supreme Court order

dated 24 June 2009

Case No. I CSK 538/08

Summary by arbitraz.laszczuk.pl:

An arbitration award was rendered by the London Court of International Arbitration, and the claimants sought recognition of the award in Poland by filing an action in the regional court. The regional court recognized the foreign arbitration award, and the respondent, the bankruptcy trustee of a Polish company, filed an interlocutory appeal with the appellate court. Without holding a hearing, the appellate court denied the interlocutory appeal. The bankruptcy trustee sought review by the Polish Supreme Court on the issue of whether the Civil Procedure Code required the appellate court to hold a hearing before ruling on the case. The Supreme Court held that it did not.

Excerpts from the text of the court’s ruling:

1. Where Civil Procedure Code Art. 1215 §1 states that the court “shall rule after conducting a hearing,” it refers only to a court of first instance, as in the preceding Art. 1214 §1.

2. Civil Procedure Code 1151 §2 categorically states that with respect to enforceability of a ruling of a foreign court, “the court shall rule after conducting a hearing,” with no more specific explanation of the stage of the proceedings to which this requirement applies. Notwithstanding such wording, neither the doctrine nor the precedent has taken the view that a court of second instance is required to consider an interlocutory appeal at a hearing. To the contrary, it is accepted under Civil Procedure Code Art. 397 §1 in connection with Art. 13 §2 that it should be considered by the court in closed session. ... There is no reason to interpret the wording of Civil Procedure Code Art. 1215 §1 differently.

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