polish

case law

id : 20081

id: 20081

Polish Supreme Court ruling

dated 27 May 1947

Case No. C III 81/47

Summary by arbitraz.laszczuk.pl:

In an action by G. SA v Jan S. to set aside an arbitration award, in a judgment issued in early 1939 the Poznań Court of Appeal had upheld the validity of the arbitration clause and upheld the award. On cassation appeal, the Supreme Court vacated the judgment below, finding that it was not properly signed by the judges of the court of appeal. The court also overturned the finding by the court of appeal that the arbitration clause had been validly entered into by the company. It was signed by an individual who allegedly served as commercial proxy for the company, but whether his scope of authority extended to signing an arbitration clause without holding a specific power of attorney was unclear from the record. The company had by its actions allegedly acknowledged and ratified the arbitration clause, but not in writing, which would be required because the arbitration clause had to be made in writing.

Excerpts from the text of the court’s ruling:

1. If an arbitration clause requires written form, and a power of attorney to conclude such clause may be issued only in writing, then ratification of the clause also requires written form.

2. The general provisions of the Civil Procedure Code concerning hearing of cases are not binding on an arbitration court; only the provisions of the code governing the procedure before such court (Art. 494–500) are binding.

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