case law

id : 20038

id: 20038

Polish Supreme Court ruling

dated 29 September 1933

Case No. C II Rw 1650/33

Summary by arbitraz.laszczuk.pl:

In an arbitration between Zalel R. and Gerszon S., Zalel R. appointed Abraham S. as an arbitrator and Gerszon S. appointed Salomon S. Abraham S. conducted various preliminary activities as an arbitrator but was subsequently dismissed by Zalel R., who replaced him with Jakób R. Following issuance of the award, the remaining arbitrators, Salomon S. and Jakób R., were each paid a fee of USD 120.

Abraham S. sought a fee from Zalel R. for his troubles in the amount of zł 1080. The Przemyśl Regional Court awarded him zł 810. The Lwów Appellate Court cut the fee to zł 405. On review by the Supreme Court of Poland, the court held that an arbitrator who has been dismissed is entitled to reimbursement of his costs and any losses, and a fee appropriate to his efforts exerted. The court found that the fee awarded by the appellate court was entirely appropriate and denied the plaintiff’s review accordingly.

Excerpt from the text of the court’s ruling:

The legal relationship that arose between the parties as a result of the plaintiff’s appointment by the defendant as an arbitrator cannot be regarded as a service contract under Civil Law §§ 1151 and 1153 ... or as a contract to perform a specific work (Civil Law §§ 1165 et seq.) ... It is a distinct type of contract which, according to Civil Law § 1391, is governed more specifically by the Civil Procedure Code.

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