Polish Supreme Court judgment
dated 8 November 2018,
Case No. II CSK 481/18
Summary by arbitraz.laszczuk.pl:
C. sp. z o.o., a limited liability company, based in P., brought a complaint against the International Court of Arbitration’s at the International Chamber of Commerce, ICC, (Arbitration Court) final award dated 13 September 2016. This award stated that the applicant is obligated to pay EUR 1,570,583.91 with interest to E. S.A., a joint-stock company, based in P.
The award of the Arbitration Court was delivered in the arbitration proceedings conducted under the ICC Rules of Arbitration applicable as from 1 January 2012 (hereinafter referred to as the ‘Rules of Arbitration’).
E. S.A., which was the claimant in the proceedings, brought a petition to set aside the final award of the Arbitration Court, alleging infringement of Art. 1206 § 1 point 2 and 4 of the Polish Civil Procedure Code by violation of such principles as the principle of equal treatment of parties, the principle of contradictoriness and the principle of formal truth. It argued that the arbitration award should be set aside. The Court of Appeal dismissed the case, because, in its opinion, none of the allegations deserved consideration.
The respondent filed a cassation appeal to the Polish Supreme Court. It argued that Art. 1204 § 1 of the Polish Civil Procedure Code had been infringed, because the petition to set aside the award had been considered despite the Arbitration Court’s failure to provide the files of arbitration proceedings, which the Court had requested.
The Supreme Court found the above allegation to be completely misguided, because the Court of Appeal had not applied Art. 1204 § 1 of the Polish Civil Procedure Code and there had been no basis for applying it. It was also stated that the Arbitration Court gave a detailed description of, among other things, the factual state in the award. The Supreme Court also confirmed what the Court of Appeal had stated. The principle of equal treatment of the parties had not been infringed – the applicant had requested taking of evidence from the attached private opinion of Doctor R.W from the University in G. However, this motion had been submitted six months after the deadline set by the Arbitration Court for the submission of evidence.
It was also confirmed that the allegation of the applicant that the Arbitration Court had infringed the principle of formal truth came down, in fact, to presenting its assessment of the factual state.
Excerpt from the Supreme Court Judgement:
Pursuant to Art. 1204 § 2 of the Polish Civil Procedure Code, permanent arbitration courts, and the International Court of Arbitration at the International Chamber of Commerce in P. is such a court, may keep files in their own archives and then they should make them available to courts and other authorities on their demand.