case law

id : 20271

id: 20271

Białystok Appellate Court order

dated 29 February 1996

Case No. I ACz 69/96

Summary by arbitraz.laszczuk.pl:

In a public procurement matter, a participant sought review by a panel of arbitrators. (Under the former Public Procurement Law, review was conducted in accordance with Civil Procedure Code regulations concerning arbitration.) The contracting authority, the province road authority, filed a petition with the province court to set aside the award of the arbitrators, but the province court denied the petition, holding that no judicial review lay. The province court stressed that the parties had not entered into an arbitration agreement.

The appellate court vacated the order below and remanded the case for reconsideration, pointing out that the arbitration procedure is provided for by law in public procurement matters and thus no arbitration agreement was required. Judicial review of the award was available under the Civil Procedure Code arbitration regulations, in the form of a petition to set aside the award.

Excerpt from the text of the court’s ruling:

The parties and the arbitration court itself are given great discretion to determine the procedure before the arbitration court, although the Civil Procedure Code does establish certain minimum rules that are mandatorily applicable (juris cogentis).

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