case law

id : 20305

id: 20305

Polish Supreme Court ruling

dated 19 December 1931

Case No. III 1 Rw 1925/30

Summary by arbitraz.laszczuk.pl:

In an arbitration governed by the former Austrian Civil Procedure Code, the arbitrator refused to sign the award. The petitioner sought a court order requiring the arbitrator to sign the award. The lower courts refused to grant the relief requested. Upon review by the Supreme Court of Poland, the court held that it is the duty of an arbitrator to issue an award and to sign the award. The arbitrator could be held liable in damages for any loss caused by the failure to perform his duties as an arbitrator. However, there is no legal basis for the court to order the arbitrator to sign the award. The court denied the petitioner’s review accordingly.

Excerpts from the text of the court’s ruling:

1. An arbitrator may not be ordered to sign the arbitration award by resort to the courts. Such a procedure is not provided for by the civil procedure code, which in a separate chapter governs the entire proceeding before the arbitration court. It only imposes an obligation on an arbitrator who fails to perform the duties connected with accepting the role of an arbitrator to redress the loss caused by such failure.

2. Signing of the arbitration award that has been handed down is the same obligation as the obligation to issue an award, as the signature is an essential requirement for the effectiveness of the arbitration award.

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