polish

case law

id : 20050

id: 20050

Polish Supreme Court ruling

dated 7 March 1935

Case No. C II 2371/34

Summary by arbitraz.laszczuk.pl:

An arbitration award in favour of an agricultural cooperative was served on Władysław L. on 19 October 1933. Within the statutory one-month period, he filed a petition to set aside the award with the Wadowice Regional Court. That court ruled that it did not have jurisdiction, and its jurisdictional ruling became legally final. The petition to set aside the award reached the proper court, the Nowy Sącz Regional Court, on 4 January 1933 (after the one-month period for filing a petition to set aside an arbitration award, but apparently within one week after the dismissal of the petition by the Wadowice Regional Court for lack of jurisdiction became legally final).

Following an appeal to the Cracow Appellate Court, the petitioner filed a cassation appeal with the Supreme Court of Poland. The court held that Art. VI §1(2) of the Regulations Implementing the Civil Procedure Code, which interrupted the running of the substantive statute of limitations if a case filed with the improper court was refiled with the proper court within one week after the order dismissing the claim by the improper court became legally final, did not apply to the procedural one-month deadline for filing a petition to set aside an arbitration award. Because the petition was filed with the proper court more than one month after the award was served on the petitioner, the grounds for setting aside the award could not be considered. The Supreme Court denied the cassation appeal accordingly.

Excerpt from the text of the court’s ruling:

A petition under Civil Procedure Code Art. 504 filed with an improper court does not interrupt preclusion, even if the deadline of one week following dismissal is essentially met, if the one-month period for filing the petition expired prior to filing of the petition with the proper court. Civil Procedure Code Art. 505 refers to the proceeding upon a properly filed petition, not the period for filing a petition to set aside an arbitration award and preclusion of such period.

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