polish

case law

id : 20321

id: 20321

Polish Supreme Court order

dated 17 December 1999

Case No. I CZ 177/99

Summary by arbitraz.laszczuk.pl:

A. sp. z o.o. brought an action in the Polish state court, with the Agricultural Property Agency as respondent, for appointment of an arbitrator. At the second instance, the motion was denied. The movant sought to file a cassation appeal from the order denying the motion, but the regional court dismissed the cassation appeal as impermissible because an order on appointment of an arbitrator does not conclude the proceeding in the matter and therefore no cassation appal will lie from such order. The Supreme Court agreed and denied the movant’s interlocutory appeal.

Excerpt from the text of the court’s ruling:

An order by the court of second instance denying a motion to appoint a substitute arbitrator ... is not an order concluding the proceeding in the matter within the meaning of Civil Procedure Code Art. 392 §1.

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