polish

case law

id : 20223

id: 20223

Supreme Court order

dated 11 May 2006

Case No. I CZ 20/06

Summary by arbitraz.laszczuk.pl:

Multiple parties to arbitration proceedings before the Copyright Commission involving a Polish collective rights management organization (ZAiIKS) filed a motion with the court in Warsaw to remove the presiding arbitrator in the arbitration proceedings. In 2005, the court dismissed the motion as moot and the appellate court denied an interlocutory appeal. The movants filed a cassation appeal with the appellate court. On 19 January 2006 the court ordered the movants to pay the court fee on the cassation appeal. The order was served on the movants on 31 January 2006, and thus the deadline to pay the fee was 7 February 2006. The fee was paid late, on 21 February 2006, and thus the appellate court dismissed the cassation appeal. The movants filed an interlocutory appeal with the Supreme Court against the dismissal order by the appellate court. The appeal was dismissed because no appeal lay from the order appealed from.

Excerpt from the text of the court’s ruling:

In accordance with the established view in the case law, no cassation appeal lies from an order by the court of second instance appointing an arbitrator, and such cassation appeal would be inadmissible.

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