polish

case law

id : 20011

id: 20011

Polish Supreme Court ruling

dated 12 June 1928

Case No. C 78/28

Summary by arbitraz.laszczuk.pl:

The claimant obtained an award for 1,600 zloty against the defendant from the arbitration court at the Poznań Grain and Commodities Exchange, and then sought an enforcement order for the award, which was granted by the state court. The appellate court denied the defendant’s appeal. The defendant then sought review by the Supreme Court of Poland, alleging that the claim was not arbitrable and thus review by the Supreme Court was available regardless of the amount in dispute. The court held that arbitrability is an issue of jurisdiction, rather than justiciability, and in any event a claim for enforcement of an arbitration award is justiciable. The court found that the amount in dispute was corrected stated to be 1,600 zloty, which was below the threshold for the case to be reviewed by the Supreme Court. The court dismissed the review accordingly.

Excerpt from the text of the court’s ruling:

An objection of lack of arbitrability does not have to do with non-justiciability, but refers to the jurisdiction of the court.

scroll up