polish

case law

id : 20020

id: 20020

Polish Supreme Court ruling

dated 18 October 1929

Case No. C 1162/28

Summary by arbitraz.laszczuk.pl:

In an arbitration governed by the former Russian Civil Procedure Code, the Mława Regional Court denied the claimants’ application to specify the terms of the submission to arbitration and appoint arbitrators. The appellate court heard the interlocutory appeal by the claimants on the merits of the application but issued an order denying the appeal. Upon review by the Supreme Court of Poland, the court held that no interlocutory appeal lies against an order either granting or denying an application to specify the terms of the submission to arbitration and appoint arbitrators. Therefore the ruling by the appellate court was unlawful. The court vacated the ruling by the appellate court accordingly and dismissed the proceedings before the appellate court and before the Supreme Court.

Excerpt from the text of the court’s ruling:

Decisions issued by the court of first instance on appointment of arbitrators and specification of the terms of the submission, whether granting the application or denying it, are not subject to interlocutory appeal.

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