Polish Supreme Court order
dated 29 August 2000
Case No. I CKN 240/00
Summary by arbitraz.laszczuk.pl:
Polish individual Zbigniew F., a sole trader operating the business “I.-T.”, entered into an agreement with Ukrainian state enterprise Z.A. which called for arbitration before the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in Kiev. Z.A. commenced an arbitration there and obtained an award of about USD 88,000 against Zbigniew F. Zbigniew F. denied signing the contract, but the arbitration court found that he had signed the contract.
Z.A. then brought an action before the Warsaw Regional Court for enforcement of the award in Poland. In response, Zbigniew F. alleged that he had not signed the contract. The regional court found, like the arbitration court, that he had signed the contract, and granted enforcement of the award. The appellate court agreed and denied the appeal.
The Polish Supreme Court held that it was bound by the finding below that Zbigniew F. had signed the contract, and denied the cassation appeal.
Excerpts from the text of the court’s ruling:
1. Because the respondent signed the contract, and it was undisputed that the contract was previously signed by the claimant, an “agreement in writing” was established as referred to in Art. II(2) and Art. V(1)(a) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards dated 10 June 1958 ([promulgated in Poland at] Journal of Laws Dz.U. 1962 No. 9 item 41) and in the section of the Ukrainian Code of Procedure governing the rules of the arbitration court ..., and in denying the interlocutory appeal against the order enforcing the award of the Ukrainian arbitration court the appellate court did not violate these provisions.
2. Civil Procedure Code Art. 1105 §2 governs matters subject to consideration in the situation provided for in Art. V(2)(a) of the [New York] Convention, and not in the situation governed by Art. V(1)(a) of the Convention.