case law

id : 20297

id: 20297

Polish Supreme Court ruling

dated 27 October 1933

Case No. I C 1947/32

Summary by arbitraz.laszczuk.pl:

In 1932, the Bereza Kartuska Municipal Court denied a writ of enforcement to Anna K. with respect to an arbitration award issued in a dispute with Nadzieja K. over ownership of a plot of land in Samojłowicze (former Russian territory). The Grodno Regional Court denied her interlocutory appeal, examining the arbitration award on its own initiative and finding that there was no legitimate dispute between the parties but they were only seeking to use an arbitration award to transfer ownership, in order to avoid preparing a deed of purchase and sale before a notary.

On cassation appeal, the Supreme Court of Poland held that the parties’ collusion in obtaining an award resolving a fictitious dispute in order to circumvent the legal requirements for transferring title to real estate was sufficient grounds to deny a writ of enforcement for the award, and the regional court was entitled to examine the award in this respect on its own initiative. The court denied the cassation appeal accordingly.

Excerpt from the text of the court’s ruling:

The finding ... that the parties entered into an arbitration clause and obtained an arbitration award with the intention of circumventing regulations of law imposing requirements for transfer of ownership is sufficient grounds to refuse to issue a writ of enforcement (Zw. Pr. Vol. X, Part 1, Art. 1528).

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