polish

case law

id : 20039

id: 20039

Polish Supreme Court ruling

dated 6 October 1933

Case No. C I 1157/33

Summary by arbitraz.laszczuk.pl:

In August 1932, Simsia vel Samson R. applied to the municipal court to set aside an arbitration award issued in January 1932, pursuant to an arbitration clause concluded in November 1931, on the grounds that he was not notified of the hearing or announcement of the award, and also applied for reinstatement of the period for filing a petition to set aside the award. The municipal court denied the application to reinstate the period for seeking to set aside the award. The Sosnowiec Regional Court denied the appeal, finding that the petition to set aside the award was late (assuming that the award was deemed announced as of the deadline for issuance of the award—that is, under the former Russian Civil Procedure Code, unless otherwise provided, four months after conclusion of the arbitration agreement) and that the petitioner had not justified the delay.

On cassation appeal, the Supreme Court of Poland held that the regional court had not properly justified its ruling denying the appeal, because it failed to consider the circumstances presented by the petitioner, specifically that he had not been present at the arbitration hearing and was not notified of the hearing or announcement of the award. Under such circumstances, the period for seeking to set aside the award does not begin to run until the petitioner learns of issuance of the award. The regional court failed to determine that date. The rule applied by the regional court, that the award was deemed announced as of the deadline for issuance of the award, was not applicable in this case. The Supreme Court granted the cassation appeal accordingly and remanded the case to the Sosnowiec Regional Court for reconsideration.

Excerpt from the text of the court’s ruling:

If the parties do not appear at the time set for announcement of the arbitration award, or if the award was not announced to the parties, the award is deemed to be announced on the last day of the period set for issuance of the award.

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