case law

id : 20030

id: 20030

Polish Supreme Court ruling

dated 23 March 1932

Case No. III R 106/32

Summary by arbitraz.laszczuk.pl:

Hillel S. filed a petition against Samuel F. before the Tarnopol Municipal Court for appointment of an arbitrator. The court appointed Bernard E. Bernard E. asked to be released from the appointment. The municipal court denied the request, and Bernard E. accepted the appointment.

Samuel F. did not agree with the appointment of Bernard E., but the order appointing the arbitrator was unappealable and Samuel F. did not appeal against that order. He did attempt, however, to appeal against the order denying Bernard E.’s request to be released from the appointment. The Tarnopol Regional Court dismissed that appeal.

Upon review by the Polish Supreme Court, the court held that the appeal was properly dismissed not only because the order could not be appealed by the opponent, but also because the opponent had no standing to act for the arbitrator. The review was denied accordingly.

Excerpt from the text of the court’s ruling:

The resolution [appointing an arbitrator] could not be appealed pursuant to [former Austrian Civil Code § 582(2)] by the petitioner’s opponent, and he did not appeal against it.

He had even less right to appeal against the order of the first court failing to grant the request by [the arbitrator] to release him from the appointment as arbitrator, as [the arbitrator] accepted this order by the court.

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