Warsaw Regional Court order
dated 24 January 2012
Case No. VII Co 931/10
Summary by arbitraż.laszczuk.pl:
A Danish company brought an action in the Warsaw Regional Court against a Polish company seeking enforcement of a partial arbitration award issued in 2010 by an arbitration court in Vienna. In 2011 the court stayed the action pending resolution of a proceeding to set aside the partial award. In a pleading filed in 2012, the petitioner withdrew with prejudice its petition for enforcement. In a pleading filed the same day, the respondent consented to withdrawal of the petition and discontinuance of the proceeding. The court found that the withdrawal of the petition was lawful, and accordingly reopened the stayed proceeding and issued an order discontinuing the proceeding.
Excerpt from the text of the court’s ruling:
The applicant withdrew with prejudice the application for enforcement of a foreign arbitration award and issuance of an enforcement clause. ... The respondent consented to withdrawal of the application and discontinuance of the proceeding. ... It appears from the evidence that withdrawal of the application is not inconsistent with the law or principles of social coexistence and is not intended to circumvent the law.