polish

case law

id : 20247

id: 20247

Polish Supreme Court resolution

dated 17 January 2008

Case No. III CZP 112/07

Summary by arbitraz.laszczuk.pl:

“TMD” GmbH brought a motion before the regional court in Poland for recognition of a foreign arbitration award, naming “E” SA as a respondent in the proceeding. “V” SA moved to intervene. A three-judge panel of the regional court, in closed session, issued an order denying the motion to intervene. The regional court then rejected an interlocutory appeal from that order, in a ruling in closed session by a panel of a single judge. On appeal to the appellate court, the appellate court presented a certified question to the Supreme Court concerning the number of judges who should serve on a panel hearing a case seeking recognition of a foreign arbitration award.

Excerpts from the text of the court’s ruling:

1. In a case seeking recognition or enforcement of an arbitration award issued abroad, insofar as not governed by Part Five of the Civil Procedure Code, including Art. 1212, the provisions concerning trials apply (Civil Procedure Code Art. 13 §2), not the provisions concerning recognition of judgments of foreign state courts.

2. In a case seeking recognition or enforcement of an arbitration award issued abroad, the court rules in a panel of a single judge, and orders outside of the hearing are issued by the presiding judge (Civil Procedure Code Art. 47 §1 in connection with Art. 13 §2).

3. In a case seeking recognition of an arbitration award issued abroad, the court of first instance, when dismissing an interlocutory appeal in closed session, rules in a panel of a single judge (Civil Procedure Code Art. 370 in connection with Art. 397 §2, Art. 47 §§ 1 and 3, and Art. 13 §2).

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