polish

case law

id : 20194

id: 20194

Polish Supreme Court order

dated 20 February 2003

Case No. I CZ 10/03

Summary by arbitraz.laszczuk.pl:

G.G. Ltd, a Bermuda company, obtained an arbitration award in London against a Polish company, A. sp. z o.o., and subsequently obtained an order from the regional court in Poland enforcing the award in Poland and issuing an enforcement clause to the award. The respondent filed a cassation appeal against the order, but it was dismissed by the appellate court on the grounds that the regulations of the Civil Procedure Code concerning enforcement of foreign judgments, which apply as relevant to foreign arbitration awards, do not provide for the availability of a cassation appeal.

The respondent filed an interlocutory appeal with the Supreme Court, which overruled the appellate court and held that a cassation appeal was available.

Excerpts from the text of the court’s ruling:

1. Entry into force of Civil Procedure Code Art. 1148 §3 in its new wording did not exclude at all the permissibility of a cassation appeal in a proceeding for enforcement of a foreign judgment, but only prevented further reliance on Civil Procedure Code Art. 392 in connection with Art. 13 §2 for the permissibility of a cassation appeal in a proceeding for recognition or enforcement of a foreign judgment. From that point, the basis for permissibility of a cassation appeal in such proceedings thus became Civil Procedure Code Art. 1148 §3—with respect to a proceeding for recognition, express grounds, and with respect to a proceeding for enforcement, grounds by way of analogy.

2. In a proceeding for enforcement of a foreign judgment, as well as an arbitration award issued abroad, a cassation appeal ... is permissible on the basis of Civil Procedure Code Art. 1148 §3 applied by way of analogy. An order of the court of second instance concerning enforcement of a foreign judgment and an order of the court of second instance concerning enforcement of an arbitration award issued abroad are subject to review using this appellate instrument.

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