Supreme Court of Poland order
dated 28 May 2015
Case No. III CZ 20/15
Summary by arbitraz.laszczuk.pl:
The respondent in an arbitration proceeding objected to the jurisdiction of the arbitration court. The arbitral tribunal issued a separate ruling denying the objection and upholding its own jurisdiction. The respondent then sought a ruling from the regional court. The court upheld the ruling of the arbitral tribunal. The court of appeal denied the respondent’s appeal.
The respondent then sought to file a cassation appeal with the Supreme Court of Poland. The court of appeal rejected the cassation appeal, holding that the order denying the respondent’s objection to the jurisdiction of the arbitration court was not an order ending the proceeding in the case, as the case would continue until an award was issued on the merits of the arbitration proceeding, and therefore no cassation appeal was available.
On interlocutory appeal against the order of the court of appeal rejecting the cassation appeal, the Supreme Court agreed with the lower court that no cassation appeal was available. The court denied the interlocutory appeal accordingly.
Excerpts from the text of the court’s ruling:
1. A judicial proceeding examining an allegation of the lack of jurisdiction of an arbitration court is an incidental proceeding, not concerning the merits of the case but only a preliminary and incidental issue. Pursuant to Civil Procedure Code Art. 1080 §3, fourth sentence, Civil Procedure Code Art. 1207 applies as relevant to such proceeding, which means that the judicial proceeding examining the allegation of lack of jurisdiction of an arbitration court is conducted in accordance with the regulations of Book One, Part One, i.e. the regulations governing trials.
2. A cassation appeal lies only against judgments of the court of second instance ending the proceeding in the case and against orders of the court of second instance on dismissal of the statement of claim or discontinuance of the proceeding, if they end the proceeding in the case. There is no doubt that an order of the court of second instance denying an interlocutory appeal against an order of the court of first instance overruling an allegation of lack of jurisdiction of an arbitration court is not one of these rulings, and thus a cassation appeal will not lie against such an order.
3. The impermissibility of a cassation appeal against an order of the court of second instance issued pursuant to Civil Procedure Code Art. 1180 §3, fifth sentence, does not limit in any respect the party’s right to a fair trial.