polish

case law

id : 20208

id: 20208

Polish Supreme Court order

dated 13 October 2004

(Case No. I CZ 102/04)

Summary by arbitraz.laszczuk.pl:

Fundacja E. brought an action before the Warsaw Regional Court seeking enforcement of a domestic arbitration award against P.P.S. SA. The court granted the motion. On appeal, in 2004 the Warsaw Appellate Court amended the order enforcing the award by denying enforcement on the grounds that the award violated public policy because it was issued on the basis of invalid agreements.

Fundacja E. then filed a cassation appeal to the Supreme Court (via the appellate court). The appellate court issued an order dismissing the cassation appeal as impermissible, as the order denying enforcement of the award was not an order ending the proceedings in the case, because the result of the order would be for the matter to be reconsidered by the arbitration court.

Fundacja E. filed an interlocutory appeal with the Supreme Court against the order dismissing the cassation appeal. The Supreme Court denied the interlocutory appeal, holding that denial of enforcement of a domestic arbitration award was not an order ending the proceedings in the case and therefore no cassation appeal would lie.

Excerpts from the text of the court’s ruling:

1. An order in which the appellate court, upon consideration of an interlocutory appeal, refused enforcement of an arbitration award is not a ruling ending the proceedings in the case within the meaning of Civil Procedure Code Art. 392. The order does not end the proceedings as a whole, because as a result of refusal to issue an order enforcing the award, the case returns to the arbitration court for reconsideration.

2. No cassation appeal lies from an order in which the court of second instance, upon consideration of an interlocutory appeal, refused enforcement of an arbitration award.

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