case law

id : 20071

id: 20071

Polish Supreme Court ruling

dated 21 December 1937

Case No. C II 1605/37

Summary by arbitraz.laszczuk.pl:

In an arbitration proceeding, it was objected that the arbitration court had improperly admitted a non-party to participate in the proceeding as an intervenor. The arbitration clause provided that a petroleum company, “Syndykat Przemysłu Naftowego,” could participate in the arbitration, but would not be bound by the award. After changing its name from Syndykat Przemysłu Naftowego sp. z o.o. to Towarzystwo Handlowe Przemysłu Naftowego sp. z o.o., the company issued a power of attorney to the state-mandated petroleum trading agency, Polski Eksport Naftowy, to appear for it as an intervenor in the arbitration. Upon review, the Polish Supreme Court held that under the Civil Procedure Code, which the parties intended to govern as uniform national law in place of the law previously in force only in the province of Mazovia, it was permissible for such entity to participate in the arbitration as an intervenor.

Excerpt from the text of the court’s ruling:

The Civil Procedure Code does not contain a provision concerning auxiliary intervention in a proceeding before an arbitration court. If the parties do not specify the procedure themselves before the arbitrators take up their duties, the arbitration court shall specify the procedure in its own discretion (Civil Procedure Code Art. 494 §2), and in that case may apply the regulations of the Civil Procedure Code if not prohibited by the special regulations concerning arbitration or by the nature of this separate form of proceeding. As an intervenor is not a party, there is no fundamental barrier to admitting an auxiliary intervenor, even over the objection of the parties (Civil Procedure Code Art. 75), particularly if it does not violate the arbitration clause, because admission of an intervenor does not admit a new party to the dispute.

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