polish

case law

id : 20314

id: 20314

Polish Supreme Court ruling

dated 12 November 1936

Case No. C I 1178/36

Summary by arbitraz.laszczuk.pl:

The issue was raised before the Polish Supreme Court whether a cassation appeal would lie against an order on issuance of an enforcement clause for an arbitration clause. The court held that a cassation appeal was available. The appellate court thus had to issue a justification for its order in this regard, in order to enable the party to prepare a cassation appeal. In this case, the appellate court had failed to issue a justification for its order, on interlocutory appeal, denying issuance of an enforcement clause for an arbitration award, and therefore the court vacated the order of the appellate court.

Excerpt from the text of the court’s ruling:

An order of the appellate court issued as a result of an interlocutory appeal by a party who was denied issuance of an enforcement clause for an arbitration award issued in its dispute is an order concluding the proceeding which under [Civil Procedure Code] Art. 424 §2 may be challenged through a cassation appeal.

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