polish

case law

id : 20163

id: 20163

Polish Supreme Court ruling

dated 22 September 1999

Case No. I CKN 654/99

Summary by arbitraz.laszczuk.pl:

In an arbitration before a panel of arbitrators at the Gdańsk Regional Chamber of Legal Advisers, S.-R. sp. z o.o. obtained an arbitration award against Piotr C. and Robert S., partners in an ordinary partnership. The province court granted the claimant’s motion for enforcement of the award, holding that the award was enforceable against Piotr C. The appellate court denied the interlocutory appeal.

On cassation appeal, the Supreme Court held that no cassation appeal will lie from an order on enforcement of a (domestic) arbitration award. The court dismissed the cassation appeal accordingly.

Excerpts from the text of the court’s ruling:

1. For the parties to an arbitration proceeding, the opportunity to file a petition to set aside the arbitration award constitutes a specific means of review of the award issued in the proceeding, and the ruling by the state court concluding the proceeding on the petition to set aside the arbitration award definitively concludes the proceeding before the state court. Thus only such a ruling may be characterized as “concluding the proceeding in the matter.” ... Therefore such characterization may be not be ascribed to an order on enforcement of an arbitration award.

2. No cassation appeal will lie from an order by the court of second instance denying an interlocutory appeal from an order on enforcement of an arbitration award, because it is not a ruling concluding the proceeding in the matter within the meaning of Civil Procedure Code Art. 392 §1.

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