polish

case law

id : 20224

id: 20224

Supreme Court order

dated 17 May 2006

Case No. I CSK 16/06

Summary by arbitraz.laszczuk.pl:

L.F.O. Sp. z o.o. filed a claim in the regional court against K.B. SA. The defendant raised the defence of an arbitration clause, but the plaintiff alleged that the arbitration clause was invalid. The regional court held that because of the existence of the arbitration clause, it did not have jurisdiction to rule on the validity of the clause, and dismissed the case. The appellate court denied the appeal on the same ground. On cassation appeal, the Polish Supreme Court held that the lower court was authorized to review the validity of the arbitration clause, and should not have dismissed the case until it found that the case was subject to arbitration. The Supreme Court vacated both of the orders by the two lower courts.

Excerpts from the text of the court’s ruling:

1. Mere assertion of the defence of the existence of an arbitration clause is not grounds in any event for dismissal of a statement of claim. In order to have that effect, the defence must be justified, which is subject to the assessment of the court.

2. The task of the court is to clarify whether the resolution of the case rests with the arbitration court, which also includes assessment of the validity of the arbitration clause.

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