polish

case law

id : 20156

id: 20156

Polish Supreme Court order

dated 24 September 1998

Case No. III CKN 628/98

Summary by arbitraz.laszczuk.pl:

Belarusian enterprise PPMB E. commenced an arbitration against Polish enterprise PPUH T. before the International Court of Arbitration at the National Chamber of Industry and Commerce in Minsk. The respondent received notice of the arbitration but failed to participate. The arbitration court in Belarus issued an award in favour of the claimant. The claimant applied to the Białystok Province Court for an order enforcing the award in Poland. The court held that the award was enforceable under the New York Convention and under the 1994 Treaty between Poland and Belarus on Legal Assistance and Legal Relations in Civil, Family, Employment and Criminal Matters. The appellate court denied the appeal.

The Polish Supreme Court denied the cassation appeal, holding that the treaty between Poland and Belarus did not apply to recognition and enforcement of arbitration awards. Furthermore, under the New York Convention the respondent’s allegation that it was not summoned to appear at the arbitration hearing in the time and manner provided under national law at the place where the award was issued was not grounds to deny enforcement of the award.

Excerpt from the text of the court’s ruling:

The scope of application of the 1994 Treaty between Poland and Belarus on Legal Assistance and Legal Relations in Civil, Family, Employment and Criminal Matters does not cover recognition and enforcement of arbitration awards.

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