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arbitration award

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All documents for the issue: 199

Case law: 54 | Bibliography: 131 | Publications arbitraz.laszczuk.pl: 1 | Publications ADR. Arbitraż i Mediacja: 13

Polish Supreme Court judgment dated 20 January 2016 Case No. IV CSK 282/15

1. Accepting that an arbitration award does not have binding force or res judicata effect would totally undermine the purpose for the existence of arbitration.

2. Pursuant to Civil Procedure Code Art. 1212 §1, the state court is bound, under the rules set forth in Civil Procedure Code Art. 365, by a legally final and enforceable arbitration award, which also has res judicata effect in the respect indicated in Civil Procedure Code Art. 366.

3. Under Civil Procedure Code Art. 365, both the court and the parties are bound by a legally final and enforceable arbitration award issued in the case pending with their participation. This binding force means that such award is of a preclusive nature in another case between the same parties if the specific relationship exists between the award and the subsequently pending case consisting in the legally final prior ruling impacting the resolution of the pending case.

Data wydania: 20-01-2016 | Sygnatura: IV CSK 282/15

Key issues: arbitration award

id: 20415

Polish Supreme Court judgment dated 19 March 2015 Case No. IV CSK 443/14

1. The FIDIC conditions are a set of procedures and conditions describing the course of construction projects. Among other things, they describe the rights and obligations of the participants in the construction process, including in clause 20 the procedure for disputes and arbitration. … Interpretation of the provisions included in the FIDIC conditions included in the contract in force between the parties is made in accordance with the principles of interpretation of declarations of will (contracts) set forth in Art. 56 and Art. 65 §§ 1 and 2 of the Civil Code.

2. Pursuant to FIDIC clause 20.4, “If a dispute (of any kind whatsoever) arises between the Parties in connection with, or arising out of, the Contract or the execution of the Works, … either Party may refer the dispute in writing to the DAB [dispute adjudication board]”. The use of the word “may” in this clause should be understood only to mean that pursuit of claims is a right and not an obligation of a party. But if the party does decide to pursue the claim, according to FIDIC clause 20 it must submit the claim to a dispute adjudication board.

3. Pursuant to FIDIC clause 20.8, “If a dispute arises between the Parties in connection with, or arising out of, the Contract or the execution of the Works and there is no DAB [dispute adjudication board] in place, whether by reason of the expiry of the DAB’s appointment or otherwise: Sub-Clause 20.4 [Obtaining Dispute Adjudication Board’s Decision] and Sub-Clause 20.5 [Amicable Settlement] shall not apply, and the dispute may be referred directly to arbitration under Sub-Clause 20.6 [Arbitration].” Under the circumstances of this case, the possibility of referring the dispute directly to arbitration arose “otherwise,” i.e. by the parties’ failure to agree on the composition of the dispute adjudication board and failure by either of them to apply to the appointing authority to appoint the DAB.

4. The fundamental principles of the legal order are fundamental constitutional principles and the leading principles governing specific fields of substantive and procedural law.

Data wydania: 19-03-2015 | Sygnatura: IV CSK 443/14

Key issues: jurisdiction of arbitral tribunal, arbitration award, petition to set aside arbitration award

id: 20395

Warsaw Court of Appeal judgment dated 15 December 2014 Case No. VI ACa 311/14

1. It is permissible to seek to set aside an arbitration award in part, if the challenged resolution can be separated from the remaining part of the award.

2. In a proceeding to set aside an arbitration award, the court cannot set aside the award in part if the petitioner applied to set aside the award in its entirety and there are grounds to grant the petition. This is because a demand to set aside an arbitration award in part is not a lesser included demand in a demand to set aside the award in its entirety; it is a different type of demand. Moreover, if the particular parts of the award interlock so that none of the parts can be separated from the other parts without materially deforming the entirety, it is impermissible to set aside the award in part.

3. Informing a party only in the justification of the award that (despite denying the claim in its entirety) one of the party’s demands was not considered because the fee for that claim was not paid, when that demand was the subject of examination during the evidentiary proceeding and was the subject of the response to the statement of claim and pleadings by both parties, while at the same time granting the demands of the opposing party in their entirety, which resolution was dependent on the resolution of the plaintiff’s demands, indicates that the arbitration award is contrary to the public policy clause, depriving the party of the ability to exercise the rights provided by regulations of substantive law and also indirectly depriving the party of a defence against the counterclaims of the opposing party. This method of proceeding before the arbitration court violates the party’s right to a fair and honest trial.

4. Resolving the respondent’s demands in their entirety before resolving the claimant’s complete demand, regardless of whether or not the party could apply for supplementation of the award, is also contrary to fundamental principles of the legal order, including violation of the principle of equal treatment of the parties. Moreover, the arbitration court would already be bound by the award issued by it in the part concerning the counterclaim, and thus it could not issue a ruling with different substantive legal consequences. Undoubtedly the principles of a fair trial require that the party be informed prior to issuance of an award of the possible taking of a procedural decision as to one of the party’s claims, regardless of whether the claimant’s claim is deemed to be an alternative claim (as it was worded, in the event that the main claim is not upheld) or as a separate procedural claim in an accumulation of claims.

5. The defence of the ineffectiveness of an arbitration clause may be asserted not only by the respondent, but also by the claimant. However, it is indicated in the legal literature that in such case, the claimant, as the party initiating the proceeding before the arbitration court, should make a thorough analysis of the factual and legal state of the case, including issues connected with the grounds for commencement of the proceeding before the arbitration court, and if it concludes that the clause is ineffective, it should file the case with the state court, which upon the objection of the respondent will resolve the issue of the effectiveness of the clause. As indicated in the literature, asserting the ineffectiveness of the clause only at this stage violates the principle of due diligence which a professional participant in commercial dealings is required to comply with.

6. An arbitration clause may cease to be in force in the instances set forth in Civil Procedure Code Art. 1168 and 1195 §4 or in the bankruptcy law, or in the occurrence of certain substantive legal events (e.g. repudiation of the legal consequences of a declaration of will), including those indicated by the parties as the reasons for the clause ceasing to be in force. The mere change in the rules of the arbitration court does not result in loss of force of the clause, either under the regulations currently in force or in accordance with the regulations in force on the date of conclusion of the clause.

7. The mere fact that one of the parties to the arbitration participated in creation of the list of arbitrators by nominating candidates for arbitrators from among persons who are authorities in the given field does not mean that there is dependency between the arbitrator and the party or that the party has greater rights. Despite the indirect influence of the banks over a portion of some panels of arbitrators, the rules of the Court of Arbitration at [the Polish Bank Association] ensure the impartially of the arbitration court and do not violate the principle of the equality of the parties in the arbitration proceeding. Because there are numerous arbitrators [on the list], and the party does not know which of them will hear the case and does not select a specific person as presiding arbitrator, it cannot be found that the party had greater rights than its opponent.

8. A petition to set aside an arbitration award may concern issues of the procedure followed only if fundamental principles of procedure before the arbitration court, arising out of a statute or specified by the parties, were not complied with (Civil Procedure Code Art. 1206 §1(4)). In essence this has to do with failure to comply with fundamental principles of civil procedure, but it was not demonstrated that the arbitration court failed to comply with such principles.

Data wydania: 15-12-2014 | Sygnatura: VI ACa 311/14

Key issues: arbitrator, arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award

id: 20387

Kraków Court of Appeal judgment dated 3 October 2014 Case No. I ACa 881/14

1. The state court considering a case seeking to set aside an arbitration award cannot re-examine the merits of the dispute. … Treating the scope of review by the state court differently would undermine the autonomy of arbitration, which would place it in a kind of protectorate of the state court system, thus distorting not only the ideals on which the functioning of arbitration is based but also the intention of the Parliament, which in modifying the rules for its functioning limits the scope of intervention by the state court system to exceptional instances expressly stated in the law.

2. The state court is not entitled to review whether the arbitration court properly determined the facts and properly evaluated the evidence. This falls within the bounds of the resolution on the merits of the asserted claims.

Data wydania: 03-10-2014 | Sygnatura: I ACa 881/14

Key issues: arbitration award, petition to set aside arbitration award

id: 20406

Warsaw Court of Appeal judgment dated 24 July 2014 Case No. I ACa 154/14

1. The fact that two arbitrators, constituting a majority of the panel, had already signed drafts of the awards was certainly not valid grounds for the presiding arbitrator to refuse to continue deliberations over the awards. This was not equivalent to the act of voting, not to mention equivalent to deliberations on the resolution and the grounds for the resolution. Refusal to continue the deliberations in order to discuss the comments means that it cannot be said that the deliberations were completed and voting was held on the awards. … As pointed out in the legal literature, the list of examples of violations with respect to regulations on voting, removal of an arbitrator and the award which were set forth in Civil Procedure Code Art. 712 §1(3) (in force through 16 October 2005) were not expressly carried over to the wording of Civil Procedure Code Art. 1206 §1(4). There is no doubt, however, that a violation of these rules should generally be treated as a violation of fundamental rules of procedure.

2. Ignoring evidence offered by a party because the arbitration court found the evidence to be unnecessary will not qualify as depriving the party of the ability to present a defence. Examination by the state court of whether the arbitration court correctly found such evidence to be unnecessary would constitute impermissible encroachment into the merits of the case. If the arbitration court ignored a certain portion of the defence presented by the party, while including in the grounds for the award a substantive explanation of the reasons it found the defence to be irrelevant, then the party’s allegation with respect to ignoring its defence is in reality directed against the substantive defence of the dispute and as such is impermissible.

Data wydania: 24-07-2014 | Sygnatura: I ACa 154/14

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award

id: 20389

Polish Supreme Court order dated 14 March 2014 Case No. III CZP 128/13

The manner of service specified in Civil Procedure Code Art. 1160 should be applied also to arbitration awards. … There is no reason that the written notice referred to in Civil Procedure Code Art. 1160 should not also be understood to include an arbitration award.

Data wydania: 14-03-2014 | Sygnatura: III CZP 128/13

Key issues: arbitration award

id: 20382

Polish Supreme Court judgment dated 13 February 2014 Case No. V CSK 45/13

1. Application by the arbitration court of the substantive law applicable in the case is subject to review by the common court only insofar as required by the evaluation of the arbitration award, made by the court on its initiative, under the public policy clause set forth in Civil Procedure Code Art. 1206 §2(2), in terms of the award’s possible inconsistency with fundamental principles of the Polish legal system.

2. Alongside the principles of freedom of contract and the enforceability of contracts, the fundamental principles of the Polish legal system also include principles setting the boundaries of the freedom of contract and, in consequence, the limits of application of the principle of enforceability of contracts. These are more specifically the principle of business freedom, the principle of contractual fairness, and the principle of the compensatory nature of liability in damages, interpreted in compliance with the constitutional requirement of proportionality (Constitution Art. 31(3)), opposing inclusion in contracts of monetary consideration as a sanction for violation of an obligation in an amount far removed from the dimension of the loss, so that it becomes primarily a quasi-penal measure and leads to enrichment of the other party.

3. The reduction of the agreed contractual penalty by the arbitration court did not display the features of an arbitrary limitation of the legal consequences of providing for the contractual penalty, but fell within the bounds of statutory authority.

4. Any irregularities in application of Civil Code Art. 484 §2 by the arbitration court not resulting in the inconsistency of the award issued by it with the fundamental principles of the legal system could not be relevant in proceedings to set aside the award.

Data wydania: 13-02-2014 | Sygnatura: V CSK 45/13

Key issues: arbitration award, petition to set aside arbitration award

id: 20381

Polish Supreme Court judgment dated 6 February 2014 Case No. I CSK 191/13

The state court hearing a petition to set aside an arbitration award may consider whether in the specific case there were valid grounds justifying a departure [by the arbitration court] from the rule of being bound by a legally final judgment, and reference to the circumstances permitting reopening of proceedings before a state court should be helpful in this respect. … From the point of view of the grounds for reopening proceedings, there is nothing preventing new factual circumstances from being disclosed as a result of actions conducted by an expert in a different case, after the end of the proceeding that would be reopened. It is essential that they be circumstances that already existed during the course of the completed proceeding.

Data wydania: 06-02-2014 | Sygnatura: I CSK 191/13

Key issues: arbitration award, petition to set aside arbitration award

id: 20384

Kraków Court of Appeal order dated 24 October 2013 Case no. I ACz 1722/13

1. Under Art. 1197 §3 of the Civil Procedure Code, an arbitration award is a less formalized document than a state court judgment. In particular, it should be agreed that the identification of the parties to the proceeding before the arbitral tribunal does not have to be included in the caption of the award, but at any place in the award. It should be deemed sufficient to include the designation of the parties in the operative wording of the award using the phrase “awards against respondent X in favour of claimant Y the amount Z,” or to identify the parties in the justification for the award, which is an integral part of the award.

2. Art. 1214 §3 of the Civil Procedure Code has to do with a situation in which enforcement of the arbitration award would result in violation of [fundamental principles of the legal order]. This provision thus requires attention to the substantive content of the arbitration award, that is, to assess the adjudicated claim in terms of the permissibility of its realization in light of fundamental principles of the legal order of the Republic of Poland. This does not refer however to formal irregularities committed by the arbitral tribunal.

Data wydania: 24-10-2013 | Sygnatura: I ACz 1722/13

Key issues: arbitration award, recognition and enforcement of domestic arbitration award

id: 20426

Polish Supreme Court judgment dated 11 October 2013 Case No. I CSK 769/12

1. Participation in a judicial proceeding by entities lacking judicial capacity would result in the invalidity of the proceeding, while issuance of an arbitration award with respect to such entities would be regarded as a violation of the fundamental principles of the legal order of the Republic of Poland, because it would violate one of the fundamental procedural rules that only a party vested with judicial capacity can be a party to proceedings. Moreover, such an award would also violate the fundamental principle of civil law that only entities vested with legal capacity can be the subject of civil-law rights and obligations.

2. If a party raises the objection that the arbitration court lacks jurisdiction or the objection that a demand asserted by the opposing party exceeds the bounds of the arbitration clause (Civil Procedure Code Art. 1180 §2), and the arbitration court deems these objections unfounded, the arbitration court may issue an award, stating therein that it deemed the objections raised to be unfounded, or overrule the objections in a separate order. In the first instance, the correctness of the position of the arbitration court on the objection raised by the party may be reviewed in a petition to set aside the arbitration award. However, if the arbitration court issues an order overruling the objection, review of the correctness of this position by the state court may occur only under the procedure provided for in Civil Procedure Code Art. 1180 §3, i.e. by the party who raised the objection applying to the state court for a ruling within two weeks after service of the order on the party. The party’s failure to initiate such procedure for review of the order issued by the arbitration court deprives the party of the possibility of effectively basing a petition to set aside the arbitration award on the same objections constituting grounds for a petition to set aside an arbitration award under Civil Procedure Code Art. 1206 §1 (1) and (3).

3. The arbitration court’s violation of regulations of law, even regulations that are mandatorily applicable, does not necessarily mean violation of fundamental principles of the legal order, even if the arbitration court resolves the dispute according to the law governing the given relationship, when under Civil Procedure Code Art. 1194 §1 the parties did not authorize it to decide on the basis of general principles of law or equity.

4. The intervention by the arbitration court with respect to the demand presented concerned … the method of fulfilment of the performance demanded. In procedural law there are no more specific rules of a fundamental nature referring to ruling on the manner of fulfilling the performance demanded in the statement of claim by several persons. The case law permits a certain intervention by the court here, e.g. awarding the demanded amount in solidum instead of jointly and severally, and vice versa. … From the point of view of the principle that it is up to the parties to frame their demands [dyspozytywność] it is essential that the identity of the subject of the demand be maintained, and the scope and factual grounds justifying upholding the demand. With respect to the demand that was asserted, the arbitration award maintained the identity of the debtor and the creditor, the type of relief, its amount and indivisibility, and also the factual grounds justifying granting the relief.

5. The essence of this agreement [a consortium] is at least similar to the agreement of an ordinary partnership [spółka cywilna], and sometimes contains the essential elements thereof, which justifies application of the regulations governing ordinary partnerships as relevant to the relations between members of the consortium, including the regulations concerning joint commonality [wspólność łączna]. … It does not violate the public policy clause for the arbitration court to award damages to three entities “jointly” despite the lack of a legal relationship among these entities creating joint commonality among them.

6. The arbitration court’s ruling on the basis of the regulations of applicable law, if the parties do not provide otherwise (Civil Procedure Code Art. 1194 §1), is one of the fundamental principles of procedure before the arbitration court. Therefore violation of this principle by the arbitration court may be asserted as an allegation of violation of Civil Procedure Code Art. 1206 §1(4). Under this allegation, however, the state court cannot be expected to review the substantive correctness of the award issued by the arbitration court.

7. The position that suffering injury as a result of non-performance or improper performance of an obligation arising out of a contract does not justify wilful satisfaction of the claim for damages out of the established security, contrary to the conditions agreed with the counterparty, does not violate fundamental principles of the legal order, i.e. the principles of the rule of law (Constitution Art. 2), protection of property rights and equality of counterparties cooperating with one another (Constitution Art. 20), economic liberty (Constitution Art. 22), and equality before the law (Constitution Art. 32(2)).

Data wydania: 11-10-2013 | Sygnatura: I CSK 769/12

Key issues: arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award

id: 20394

Szczecin Court of Appeal judgment Dated 21 March 2013 Case No. I ACa 855/12

1. Even though (if the parties did not agree otherwise) the arbitral tribunal shall resolve a dispute applying the regulations of substantive law applicable to the legal relationship, violation of substantive law by the arbitral tribunal is grounds for a petition to set aside the award only if as a result of the violation, the award is contrary to fundamental principles of the legal order of the Republic of Poland. In other words, if despite a violation of substantive law the award cannot be said to be contrary to fundamental principles of the legal order, the mere violation cannot constitute an effective basis for demanding that the award be set aside.

2. The construction of a petition to set aside an arbitration award indicates that this measure is not used to conduct substantive review by the state court of the correctness of the resolution by the arbitral tribunal, similar to appellate review in judicial proceedings.

3. An award is contrary to fundamental principles of the legal order when this concerns constitutional principles of the socio-economic system or leading principles governing specific fields of substantive law. The fundamental principles of the legal order constituting the basis for evaluation of an arbitration award should be understood not only as constitutional norms, but also the leading norms in specific fields of law. … The procedural legal order may be the basis for evaluation of an arbitration award in two aspects. First, the compliance of the procedure which led to issuance of the arbitration award with fundamental procedural principles of the legal order is subject to evaluation. Second, the consequences of the arbitration award from the point of view of their compliance with the procedural public order are subject to evaluation, i.e., whether they are reconcilable with the system of procedural law, e.g. whether they violate res judicata or the rights of third parties.

4. A party forfeits the right to challenge an arbitration award through a petition to set aside the award due to failure to raise objections to an arbitrator subject, in the party’s view, to removal, if the party did not demand removal in the proceeding before the arbitral tribunal.

5. The requirements established for persons serving as arbitrator should be combined with the entitlement of a party to the proceeding to obtain knowledge about any potential ties between the arbitrator and the entities appearing in the proceeding. Generally it is left to the party to evaluate whether the circumstances constitute grounds for a decision whether to select an arbitrator or a decision to challenge the arbitrator. In this sense, the arbitrator’s own assessment is irrelevant, as the essence of the fairness of the procedure is connected with external evaluations made by others.

6. Indeed, the right to a fair trial provided in Art. 45(1) of the Polish Constitution, an element of which is consideration of the case by an independent court in a fairly conducted proceeding, does fall within the fundamental principles of the legal order whose violation the state court must examine at its own initiative. However, it is indicated in the case law and the legal literature that Art. 45 of the Constitution does not apply at all to arbitration, only the state courts.

7. The institution of recusal of a judge is provided for by the Civil Procedure Code both in proceedings before the state court and in proceedings before an arbitration court. The fundamental difference in the regulation of this institution is that in a proceeding before an arbitration court, the code does not provide for removal of the arbitrator or presiding arbitrator by operation of law, as is the case with respect to a judge in proceedings before the state court (Civil Procedure Code Art. 48). The grounds for challenging an arbitrator indicated in Civil Procedure Code Art. 1174 §2 are circumstances raising justified doubts as to his impartiality or independence, as well as lack of qualifications specified in the parties’ agreement. The grounds for recusal of a judge listed in Art. 48 and 49 do not apply to challenge of an arbitrator, but in interpreting the concept of circumstances raising justified doubts as to impartiality or independence Art. 48 and 49 may have auxiliary application. In a proceeding before a state court, under Civil Procedure Code Art. 379(4), participation by a judge recused by operation of law becomes grounds for the invalidity of the proceeding and constitutes grounds to vacate the judgment by the appellate court, as well as by the Supreme Court, and this ground shall be considered by both of these courts at their own initiative (Civil Procedure Code Art. 378 §2 and 39311). … The Civil Procedure Code does not provide for such absolute invalidity in proceedings before an arbitration court. If a party did not challenge an arbitrator or presiding arbitrator despite possessing knowledge of the grounds for challenge, there are no legal grounds to challenge the arbitration award. As an exception only, participation in an arbitration panel by an arbitrator or presiding arbitrator whose rights and obligations could be affected by the result in the case could constitute grounds for setting aside the award, which did not occur in this case. This is because violation of the principle that no one can be a judge in his own case (nemo in re sua judex) would undoubtedly conflict with the fundamental principles of the legal order of the Republic of Poland.

Data wydania: 21-03-2013 | Sygnatura: I ACa 855/12

Key issues: arbitrator, arbitration award, petition to set aside arbitration award

id: 20405

Polish Supreme Court order dated 23 January 2013 Case No. I CSK 186/12

1. Pursuant to Civil Procedure Code Art. 1215 §1, the court shall rule on recognition or enforcement of an arbitration award issued abroad or a settlement concluded before an arbitration court abroad after conducting a hearing. This provision confirms the rule provided for adversarial proceedings in Civil Procedure Code Art. 148 §1 that cases are considered at a hearing. A departure from this rule should be interpreted narrowly. Therefore, if a provision specifies the type of cases that are considered at a hearing, this method of consideration applies regardless of whether the court upholds the claim (or application) or denies it.

2. The [New York] Convention sets forth the material conditions for recognition (primarily in Art. IV and V), and therefore a proceeding for recognition of a foreign arbitration award should be conducted primarily in accordance with the provisions set forth in the Convention, and on the basis of the Civil Procedure Code in other respects not governed there.

3. The requirements with respect to the form of conclusion of an arbitration agreement should be assessed according to the [New York] Convention, and not according to Civil Procedure Code Art. 1162.

4. A liberal interpretation of [New York Convention Art. II(2)] is accepted in practice, recognizing that the enumeration therein of methods of concluding an agreement is not exhaustive, but also includes other techniques used for reaching agreement at a distance.

5. It should be accepted that the law of the state in which an arbitration award was issued should decide on the issue of certification of the contents of the award.

6. The view that failure to enclose the documents specified in Civil Procedure Code Art. 1213 with an application for recognition does not constitute a formal defect that is subject to supplementation pursuant to Civil Procedure Code Art. 130 §1 in connection with Art. 13 §2 is incorrect.

7. The respondent was not named in the arbitration award, but only the business name under which he trades was stated. The correctness and effectiveness of such identification should be decided by the law of the state of origin of the award.

Data wydania: 23-01-2013 | Sygnatura: I CSK 186/12

Key issues: New York Convention, arbitration agreement, arbitration award, recognition and enforcement of foreign arbitration award

id: 20269

Warsaw Court of Appeal judgment dated 23 August 2012 Case nos. I ACa 46/11 and I ACa 578/12

1. Review of an arbitration award by the state court cannot turn into a full consideration of the merits of the dispute submitted to arbitration for resolution. Nonetheless, the obligation to examine whether the challenged award violates fundamental principles of the legal order usually cannot be conducted properly without the state court’s reference to the case file. Sticking only to the wording of the arbitration award itself would render such review illusory.

2. Unlike the state court, the arbitration court is not bound to apply the law strictly, even if the parties have not authorized it to resolve the dispute under principles of equity. The only limitation on the arbitration court in this respect is the fundamental principles of the legal order (for example the principle of the compensatory nature of liability in damages and the principle of protection of property rights). Not every violation of substantive law by an arbitration court, nor every erroneous interpretation or improper application or failure to apply a legal norm may be held to be a violation of fundamental principles of the legal order.

3. The rule expressed in Civil Code Art. 379 §1 of the separateness of performance is not one of the rules whose violation would conflict with the foundations of the legal order of the Republic of Poland. It suffices to point out that the parties to the agreement may exclude this rule by providing for solidarity among the creditors (Civil Code Art. 369 in connection with Art. 367 §1).

4. An objection of the lack of jurisdiction of the arbitration court is subject to preclusion if it is not asserted within the time indicated in Civil Procedure Code Art. 1180 §2. In that case, a petition to set aside the arbitration award can no longer effectively rely on the basis set forth in Civil Procedure Code Art. 1206 §1(1). In the event of assertion of the objection of lack of jurisdiction, the arbitration court may rule on its own jurisdiction in a separate order, but that is left to its discretion. If the arbitration court is convinced of the existence of a valid arbitration agreement, it may also consider the case on the merits without first issuing an order concerning the asserted objections to its jurisdiction. In the latter case, it is obvious that a party may base its petition to set aside the arbitration award on the allegation of violation of Civil Procedure Code Art. 1206 §1(1), because it did not previously have any possibility of presenting this objection to the state court for its review. It is different in the case of issuance by the arbitration court of an order overruling the objection of its lack of jurisdiction. Then the parties may seek a ruling by the state court within 14 days after service of the order on them. The judicial proceedings in this respect are at two instances (Civil Procedure Code Art. 1180 §3).

5. A party which has exhausted the procedure specified in Civil Procedure Code Art. 1180 §3 cannot later, in a petition to set aside the award, again assert the objection of the absence of an arbitration agreement or its invalidity or ineffectiveness. This conclusion may be drawn from Civil Procedure Code Art. 365 §1 in connection with Art. 1207 §2 or in connection with Art. 13 §2. … Referring the order of the arbitration court to the court of first instance, and then the party’s failure to file an interlocutory appeal against an order against it, also closes the path to reassertion of the objection of the lack of jurisdiction of the arbitration court on the grounds indicated in Civil Procedure Code Art. 1206 §1(1). There are no grounds for distinguishing the litigation stance of a party which exhausted the recourse to both instances and a party which did not file an interlocutory appeal against the order of the court of first instance, and in consequence the order obtained finality. In both cases the legally final orders are binding on the parties and the courts pursuant to Civil Procedure Code Art. 365 §1.

6. A party that sought a ruling on jurisdiction pursuant to Civil Procedure Code Art. 1180 §3 and obtained an unfavourable order from the state court cannot assert the same objections under Civil Procedure Code Art. 1206 §1(1), regardless of whether the state court ruled at one or both instances.

7. The law essentially equalizes—in terms of legal consequences—the failure to assert the objection of lack of jurisdiction of the arbitration court within the time indicated in Civil Procedure Code Art. 1180 §2 with the respondent’s inclination (consent) to consideration of the case by the arbitration court. An interpretation accepting the preclusion specified in Art. 1180 §2 but at the same time permitting non-recourse to the procedure for judicial review set forth in Art. 1180 §3 and accepting the possibility of not disputing the jurisdictional order of the arbitration court until the petition to set aside the award would be an inconsistent interpretation and largely eliminate the benefits for both parties to the arbitration proceeding flowing from the 2005 amendment to the Civil Procedure Code.

8. In its review, the state court cannot re-evaluate the evidence to determine whether it would have made the same factual findings as those presented in the arbitration award under review. Disputing the arbitration award in this respect would be possibly only if the defects founds were so fundamental that they would qualify as a violation of fundamental principles of civil procedure. Evaluation of the award in terms of the fundamental principles of substantive law must not be turned into appellate review.

Data wydania: 23-08-2012 | Sygnatura: I ACa 46/11 and I ACa 578/12

Key issues: arbitration award, petition to set aside arbitration award

id: 20403

Polish Supreme Court judgment dated 13 April 2012 Case No. I CSK 416/11

1. The rule of the binding force of legally final judicial rulings, as an element of the values protected under the Constitution and in the international order making up a state governed by the rule of law, which the Republic of Poland is, is included among the fundamental principles of the legal order of the Republic of Poland.

2. The state judicial system and arbitration are not identical. The lack of identity does not mean, however, that arbitration courts, and particularly their rulings, are irrelevant for the judicial system. While it is true that under Art. 175 of the Constitution, justice is dispensed by the state courts, it should be clearly stressed that as part of the dispensation of justice, the state courts oversee the activity of arbitration courts, and more precisely the rulings issued by them.

3. A ruling by a state court on recognition or enforcement of an arbitration award results in ascribing to the award the same force that rulings of state courts have, which is clearly confirmed by Civil Procedure Code Art. 1212 §1. This means that such a ruling, thanks to the state court ruling connected with it, must be treated in legal dealings the same as any other ruling of a state court. ... If an arbitration ruling has the same force as a ruling of a state court, this means that Civil Procedure Code Art. 365 §1 [i.e. preclusive effect] applies to it. Civil Procedure Code Art. 1212 does not provide for any exceptions from the equivalence of the effects of the arbitration court ruling to a state court ruling.

4. If the parties and the arbitration court appointed by them wish the ruling of the arbitration court to be equivalent in its effects to a state court ruling, they must take into consideration that the arbitration court has already ruled preclusively in the same matter between the same parties. If the prior ruling by the arbitration court has already been recognized or enforced by the state court, this has fundamental significance for the ability to recognize a further ruling issued between the same parties. A state court which is ruling on recognition or enforcement of a further ruling may not ignore the fact that the state court has already spoken on the same matter. In other words, the court will be bound by the ruling of the state court that recognized or enforced the prior arbitration court ruling.

5. It follows from Civil Procedure Code Art. 365 §1 that a court ruling on recognition of a second arbitration ruling, being bound by the prior ruling also by a state court, should not permit two rulings to be found in legal circulation which decided the same preclusive issue differently in the same matter between the same parties.

6. The lack of a basis to apply the regulations on a proceeding upon a petition to reopen [a legally final judgment] directly to assessment of an arbitration award, and on the other hand the lack in Polish law of a regulation for reopening a proceeding with respect to arbitration awards, cannot result in the unfettered discretion of an arbitration court in determining whether to take into consideration an earlier award in which a certain issue was already preclusively ruled on between the same parties. … If the arbitration court expects its award to be recognized, it should take into consideration the prior resolution of the preclusive issue in the award that was already recognized with legal finality by the state court. When examining the permissibility of a departure from this rule, the court in a proceeding to set aside an arbitration award may not rely on the mere assertion by the arbitration court that new facts or evidence has appeared in the case, but should determine, applying as relevant the criteria for assessment developed in the context of the legal regulations for reopening of a proceeding concluded in a legally final judgment, whether they are truly new facts and evidence, and whether the party could have asserted them in the prior proceeding.

Data wydania: 13-04-2012 | Sygnatura: I CSK 416/11

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 20375

Polish Supreme Court judgment dated 15 March 2012 Case No. I CSK 286/11

1. Factual findings by the arbitration court are generally binding on the state court hearing a petition by a party dissatisfied with the resolution of the case by the arbitration court. The proceeding before the state court is not in the nature of the review proper to a common court of second instance, however, but is limited to the grounds expressly stated by the regulations, which are the permissible legal grounds for a petition to set aside an arbitration award (Civil Procedure Code Art. 1206 §§ 1 and 2).

2. Only if the state court finds that the [evidentiary] procedure was not conducted at all or was conducted incompletely, or was clearly conducted defectively, in violation of the rules of logical understanding and linking of facts in a chain of cause and effect, with selective admission of evidence in the case, admitting evidence only from one side, excluding without justification evidence offered by the opposing side, and the like, may it be found that the requirements referred to in Civil Procedure Code Art. 1206 §1(4) were not met. ... This provision should be interpreted narrowly, limiting the possibility of upsetting an arbitration award to the principles of a fair trial and procedural violations that could have an effect on the arbitration award.

3. The defendant’s argument that the principles of civil liability for injury do not belong to the fundamental principles of the legal order in Poland cannot be sustained. Under the civil law, and thus in private legal relationships, as a result of various events—particularly dangerous acts, acts arising out of commercial activity, vehicular traffic, as well as legal acts—the occurrence of injury is of universal dimensions and requires legal regulations guaranteeing liability in damages. Regulations in this respect belong to the fundamental norms of the law of obligations, and under tort liability and contractual liability may be regarded as forming some of the fundamental principles of the legal order of the state.

4. Art. 45 of the Polish Constitution does not refer at all to arbitration, but only to the state courts.

Data wydania: 15-03-2012 | Sygnatura: I CSK 286/11

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award

id: 20368

Wrocław Appellate Court judgment dated 8 February 2012 Case No. I ACa 26/12

1. An arbitration award may be said to be contrary to the fundamental principles of the legal order … only with respect to constitutional principles of the socio-economic system or the leading principles governing specific fields of substantive law.

2. The defectiveness of an arbitration award consisting of violation of fundamental principles of the legal order must appear from the wording of the ruling as such, and not from violation of the regulations for procedure before the arbitration court.

3. The fundamental principles of the legal order, constituting the basis for assessment of an arbitration award, should be understood to include not only constitutional norms, but also the leading norms in specific fields of law.

4. Consideration of a petition [to set aside an arbitration award] generally does not include a review of the consistency of the arbitration award with substantive law, a review of whether the award is supported by the facts cited in the justification for the award, or whether such facts were properly established, although of course a ruling based on a selective, unreliable assessment of the evidence does violate the rule of law.

Data wydania: 08-02-2012 | Sygnatura: I ACa 26/12

Key issues: arbitration award, petition to set aside arbitration award

id: 20339

Poznań Regional Court judgment dated 25 May 2011 Case No. IX GC 704/10

1. A petition to set aside an arbitration award is an extraordinary means of review of arbitration rulings by the state court. It is not an appeal, but combines the features of an extraordinary means of challenge with a claim to establish a right or legal relationship. But it cannot be agreed that it is a type of appeal or means of challenge.

2. The list of grounds for a petition to set aside an arbitration award provided in Civil Procedure Code Art. 1206 §§ 1 and 2 are exhaustive in nature; that is, the court may not set aside an arbitration award for reasons other than those set forth in this provision. It should nonetheless be pointed out that one of the grounds for the petition—the public policy clause—is in the nature of a general clause, which means that the list of circumstances which may justify setting aside an award is not closed.

3. Not every violation of the rules for procedure before the arbitration court established by the parties or arising under the code should result in setting aside an arbitration award. It is justified to accept by way of interpretation that the fundamental rules of procedure are those whose violation could have an effect on the result in the proceeding before the arbitration court in the specific case.

4. With respect to review of arbitration awards, the purpose of the public policy clause is to protect the national legal system against resolutions that are incompatible with the system. The resolution by the arbitration court, understood as an individual and concrete norm expressed in the arbitration award, as well as the method by which it was issued, is subject to assessment from the point of view of compatibility with the fundamental principles of the legal system.

5. The state court does not review the correctness of the arbitrators’ resolution, but it must examine and assess it in order to review the compatibility of the resolution with public policy. In other words, the state court should—at least insofar as the allegation of incompatibility [with public policy] arises—create a model of the ruling which in its opinion is correct, and then compare that to the arbitrators’ resolution, in order to determine whether the nature and scale of the inconsistency justifies the allegation of violation of public policy.

6. A gross and obvious discrepancy between the facts appearing from the arbitration case file (or facts that are commonly known or known to the state court in its official capacity) and the facts assumed as the basis for the award may not remain entirely beyond the scope of interest of the state court.

7. In the meaning of consistency with the fundamental principles of the legal system of the Republic of Poland, the point of the Parliament was not that a ruling be consistent with all regulations of Polish law, but only that there be consistency with the fundamental principles of the legal system of the Republic of Poland.

8. The principle of the enforceability of contracts belongs to the group of fundamental principles of the Polish legal system. It is not absolute in nature, however, and is subject to a number of statutory exceptions. One of them is Civil Code Art. 5, setting forth the notion of abuse of a subjective right.

9. The principle of estoppel (venire contra factum proprium) and the clean-hands doctrine are not counted among the fundamental principles of arbitration court procedure and are not recognized as a part of the legal system of the Republic of Poland.

10. The rule of impartiality leads the arbitrators to maintain an impartial attitude toward the case and the participants in the proceeding. In turn, the formal equality of the parties is manifest in the right to be heard and equal procedural measures. The principle of equality in the proceeding before the arbitration court has two aspects: hearing out the parties by the arbitration court, and the opportunity to present their allegations and evidence to support them (the opportunity to use the same procedural measures). The principle of directness requires that evidence be taken before the full panel of the arbitration court.

11. If no injury was caused, awarding damages should be regarded as inconsistent with the fundamental principles of the legal system of the Republic of Poland.

Data wydania: 25-05-2011 | Sygnatura: IX GC 704/10

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award

id: 20376

Polish Supreme Court judgment dated 30 September 2010 (Case No. I CSK 342/10)

1. In a petition to set aside an arbitration award, review of the merits of the case decided by the arbitration court is excluded.

2. Fundamental principles of the legal order should be understood to mean not only fundamental principles of the social and political system, reflected in constitutional principles, but also the overriding principles governing specific fields of law. … Examples that have been held to be violations of the fundamental principles of the legal order within the meaning of Civil Procedure Code Art. 1206 §2(2) include violation of the principle of the autonomy of civil-law entities and the principle of economic liberty, awarding damages where no injury has been suffered, or accepting the effectiveness of setoff under conditions in which specific regulations exclude such possibility.

Data wydania: 30-09-2010 | Sygnatura: I CSK 342/10

Key issues: arbitration award, petition to set aside arbitration award

id: 20363

Polish Supreme Court judgment dated 9 September 2010 Case No. I CSK 535/09

1. A petition to set aside an arbitration award is an extraordinary means of review intended to set aside the award if at least one of the grounds exhaustively set forth in Civil Procedure Code Art. 1206 is justified.

2. When considering a petition [to set aside an arbitration award], the state court is bound by the grounds alleged by the petitioner. Only two of the grounds set forth in Civil Procedure Code Art. 1206 §2 are considered on the court’s motion: the non-arbitrability if the dispute and inconsistency of the arbitration award with the fundamental principles of the legal order of the Republic of Poland.

3. The assessment of whether an arbitration award is contrary to fundamental principles of the legal order is addressed to the content of the award, and not the correctness of the procedure before the arbitration court or the composition of the panel. … An arbitration award may be set aside under the public policy clause if it is found that the results included in the content of the award are not consistent with a specific norm which is regarded as one of the fundamental principles of the legal order in force in Poland. ... These principles include not only constitutional norms, but also the overriding norms in specific fields of law.

4. The requirements made of persons serving as arbitrators should be combined with a party’s right to learn about any ties the arbitrator may have to entities appearing in the proceeding. It is up to the party to evaluate such circumstances as grounds for a decision to select an arbitrator or to seek removal of an arbitrator. The arbitrator’s self-assessment is irrelevant, because the essence of a fair procedure is tied to objective judgment by others. ... The fundamental principles of the legal order include the right to a court as provided in Art. 45(1) of the Polish Constitution, an element of which is a party’s right to have its case heard by an independent court, in a fairly conducted procedure.

Data wydania: 09-09-2010 | Sygnatura: I CSK 535/09

Key issues: arbitrator, arbitration procedure, arbitration award, petition to set aside arbitration award

id: 20331

Polish Supreme Court order dated 6 November 2009 Case No. I CSK 159/09

1. Whether a given ruling of a foreign court may be legally relevant cannot be determined in advance at the time of recognition. Thus it cannot be anticipated what effects the ruling might have or in what circumstances a given entity might rely on it in the future. Thus the petitioner is right in asserting that Civil Procedure Code Art. 1145 §1 does not provide grounds to refuse recognition of a ruling by a foreign court only because in the view of the court where recognition is sought it will not exert legal effects in Poland.

2. If the petitioner [seeking recognition] appeared as a party in a proceeding before an Austrian court, it not only has a legal interest to have standing in the recognition proceeding before the Polish court, but such interest also means that if the grounds set forth in Civil Procedure Code Art. 1146 do not exist, it may obtain recognition of the award as effective in Poland.

3. A ruling denying a petition to set aside an arbitration award, formally speaking, is a merits decision and not only procedural. Such rulings thus, as a rule, are capable of recognition. It should be pointed out, however, that the dispute between the parties on the merits was resolved by the arbitration court, acting on the basis of the intent of the parties as expressed in the arbitration clause. The judgment in a proceeding to set aside an arbitration award is therefore only a resolution with respect to the state’s exercise of oversight of arbitration rulings.

4. A judgment by a domestic court issued in a proceeding upon a petition to set aside an arbitration award must be taken into consideration in a proceeding seeking recognition of a foreign arbitration award only when permitted by the provisions governing such proceeding. As grounds for denial of recognition, the Civil Procedure Code and the New York Convention provide only for the court in the country deciding on recognition of a foreign arbitration award to consider, upon motion of a party, a judgment setting aside the arbitration award.

5. Given the specific nature of an arbitration award, which is issued based on the intent of the parties, and the function performed by a foreign court that denies a petition to set aside an arbitration award, there is no legal basis for recognition of such judgment by the foreign court, which essentially involves only oversight and not the merits. The connection between such judgment by a foreign court and the arbitration award, and thus the not entirely independent nature of the judgment, is primarily a barrier to treating the judgment as a ruling that may be recognized in Poland under Civil Procedure Code Art. 1145 §1.

Data wydania: 06-11-2009 | Sygnatura: I CSK 159/09

Key issues: New York Convention, arbitration award, petition to set aside arbitration award, recognition and enforcement of foreign arbitration award

id: 20298

Warsaw Appellate Court judgment dated 14 January 2009 Case No. VI ACa 785/08

1. Violation by the arbitration court of regulations of substantive law or erroneous interpretation thereof, even if resulting in an erroneous ruling, does not in itself—even if it really did occur—constitute a violation of the fundamental principles of the legal system.

2. Civil Procedure Code Art. 1185 indicates that the consultation among the arbitrators may occur at any place (and thus even in a hospital).

3. Drawing up and signing the award is not an act that requires the preparation of minutes. As provided in §31 of the Rules [of the Court of Arbitration at the Polish Chamber of Commerce], minutes are prepared of a hearing and any act of the arbitration court. The mere physical drawing up of the text of the award is not an act of the arbitration court; it is a technical, auxiliary act, which may be performed by only one person at a time. Signing of the award, which is an act addressed to the members of the panel of arbitrators, should be analyzed similarly. Placement of a signature by each of the arbitrators is the act of the arbitrator alone, not of the panel of arbitrators. It thus does not require the preparation of minutes, which is reserved for an act of the entire arbitration court.

4. Only a violation of the “fundamental” rules of procedure before the arbitration court (Civil Procedure Code Art. 1206 §1(4)) may be grounds for setting aside an arbitration award. … Issues connected with drawing up the minutes of the consultation among the arbitrators and issuance of the award cannot be regarded as belonging to this group. Even if minutes of these actions actually should have been prepared, the lack thereof would not mean that a “fundamental” rule of procedure had been violated, but only a rule of order.

Data wydania: 14-01-2009 | Sygnatura: VI ACa 785/08

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award

id: 20348

Polish Supreme Court judgment dated 26 November 2008 Case No. III CSK 163/08

1. [When the state court has set aside an arbitration award] it is necessary for the claimant to file a new claim before a new arbitration court, or at least a written declaration of assertion before such arbitration court of the claims in the previous scope or as amended. From such time (or, currently, from the date of service of such document on the opposing party, Civil Procedure Code Art. 1186), a new proceeding is commenced before the arbitration court which is not a continuation of the previous proceeding that resulted in the arbitration award that was set aside.

2. The petition to set aside the arbitration award ... dated 16 December 2006, filed under the new regulations, commenced a case before the state court to set aside the arbitration award, and under the rule set forth in Art. 2 of the amending act [Act dated 28 July 2005 Amending the Civil Procedure Code (Journal of Laws Dz.U. No. 178 item 1478)] it was conducted in accordance with the new regulations. This means that the petitioner should base it in procedural respects on the new regulations for such procedure provided in Part Five, Title VII of the Civil Procedure Code; however, because the subject of the petition is the award and the proceeding before the arbitration court conducted in accordance with the former regulations, on substantive legal grounds the petition may rely only on the former rules, because the arbitration court was required to apply those rules and not the new ones. The grounds for the petition should thus be based on the former regulations.

3. In light of the circumstances of conclusion of the agreement, its purpose, and the statements by the attorneys before the arbitration court ... and failure for nearly five years to assert the lack of an arbitration clause, the intent of the parties ... was, as correctly found by the courts of both instances, to submit disputes arising under the agreement to the arbitration court for resolution, and not only mediation. … This position ... does not lead to validation of the lack of an arbitration clause by the behaviour of the parties before the arbitration court and the state courts or to avoidance of the requirement for written form of an arbitration clause, but constitutes only an interpretation of the declarations of will of the parties concerning an unclear arbitration clause expressed in written form and made ... in accordance with the requirements of Civil Code Art. 65.

4. An arbitration court is not a “court” or “other state body or body of the public administration” within the meaning of Civil Procedure Code Art. 365 §1, nor is there another “instance provided by statute” in which an arbitration court is bound by the award by another arbitration court, even concerning the same parties and the same claims.

5. An arbitration award, insofar as it denies a petition in some part with legal finality, does not have res judicata effect within the meaning of Civil Procedure Code Art. 365.

Data wydania: 26-11-2008 | Sygnatura: III CSK 163/08

Key issues: arbitration agreement, arbitration procedure, arbitration award

id: 20256

Warsaw Appellate Court judgment dated 25 April 2008 Case No. VI ACa 928/07

1. The schedule of fees for actions of the arbitration court constituting an annex to the rules of the court in force from 1 January 2000, which does not require payment of an arbitration fee on a defence of setoff, was applicable to the case decided by the arbitration court. … As the arbitration court failed to consider the defence of setoff because of failure to pay the arbitration fee, the allegation in the appeal that the procedure before the arbitration court was not observed in the arbitration proceeding is correct. … In consequence, it should be held that the petition to set aside the arbitration award on the basis of Civil Procedure Code Art. 712 §1(3) is justified by the wording of this provision.

2. Submission of the dispute existing between the parties for resolution by the arbitration court does not justify the conclusion that the parties waive the right to a fair and thorough procedure assuring the ability to satisfy the legal interests of the parties which are worthy of protection. The right to a fair procedure is a pillar of a democratic state governed by the rule of law, and for these reasons violation of such right justifies the conclusion that the rule of law was violated. This will be the case more specifically in the event of failure to consider the defence of setoff asserted by the party as a result of the arbitration court’s application of a regulation that was not in force with respect to payment of a fee as a condition for consideration of the motion. The principle of fair procedure requires consideration of the defence of setoff duly asserted by the respondent.

Data wydania: 25-04-2008 | Sygnatura: VI ACa 928/07

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award

id: 20347

Supreme Court order dated 17 May 2006 Case No. I CSK 104/05

1. The constitutive elements of an arbitration award are defined by Civil Procedure Code Art. 708 §1, which is a regulation of mandatory applicability. One of these elements is a resolution of the demands of the parties (Art. 708 §1(4)). Thus it should be accepted that any ruling by the arbitration court containing the indicated elements, including a resolution of the demands of the parties, constitutes an arbitration award within the meaning of Book Three of the Civil Procedure Code, regardless of the form given to the ruling by the arbitration court.

2. In its case law, the Supreme Court has stressed on numerous occasions that the type of appellate instrument must be determined by the subject of the resolution, and not the form which the court gave to the ruling. ... This view applies also to rulings by an arbitration court.

Data wydania: 17-05-2006 | Sygnatura: I CSK 104/05

Key issues: arbitration award, petition to set aside arbitration award

id: 20225

Supreme Court judgment dated 31 March 2006 Case No. IV CSK 93/05

1. The defectiveness of an arbitration award in violating the rule of law must appear from the very wording of the ruling, and not from violation of regulations concerning proceedings before such court. Procedural violations might justify only some other ground for setting aside the arbitration award.

2. The minimum requirements that must be met by the justification for an arbitration award are set forth in Civil Procedure Code Art. 708 §1(5). If the grounds by which the arbitration court was guided when ruling on the demands of the parties may be deduced from the justification, that is sufficient for these requirements to be deemed to be satisfied.

3. The view cannot be accepted ... that the duty to conduct a thorough investigation of the circumstances necessary to resolve the case (Civil Procedure Code Art. 705 §2, third sentence) is performed by assessing the allegations of the parties and indicating why some of them are found to be valid and others not. Such assessment is made at the stage of making the ruling, and is expressed in the justification for the ruling made. Investigation of the circumstances that are relevant (essential) to the case occurs at an earlier phase of the proceeding and consists of hearing the parties, permitting them to submit statements with respect to the motions and allegations of the opposing party and the result of the evidentiary proceedings, and finally receiving evidence necessary to illuminate the circumstances essential to resolve the case.

Data wydania: 31-03-2006 | Sygnatura: IV CSK 93/05

Key issues: arbitration award, petition to set aside arbitration award

id: 20221

Polish Supreme Court judgment dated 6 December 2005 (Case No. I CK 324/05)

Refusal to sign an award, which is contrary to the assumptions of the procedure before the arbitration court and may, for example, result in liability to the parties for loss, should be stated expressly and not done in an implicit manner.

Data wydania: 06-12-2005 | Sygnatura: I CK 324/05

Key issues: arbitration award

id: 20219

Polish Supreme Court judgment dated 26 September 2003 Case No. IV CK 17/02

A finding that an award is inconsistent with the facts does not always result in setting aside the award. It is accepted that an application alleging violation of the rule of law is justified when the effect of an arbitration award conflicts with fundamental principles of the legal order of the state.

Data wydania: 26-09-2003 | Sygnatura: IV CK 17/02

Key issues: arbitration award, petition to set aside arbitration award

id: 20199

Cracow Appellate Court judgment dated 24 April 2001 Case No. I ACa 277/01

1. Pursuant to Civil Procedure Code Art. 712 §1(4), an arbitration award may be set aside if the ruling on the demands of the parties violates the rule of law or principles of social coexistence. This provision enacts a general clause representing the principle of domestic public policy. This means that violation or incorrect interpretation of substantive law, and the resulting defect of the ruling, in and of itself does not constitute a violation of the rule of law. A violation of substantive law must be such that it would result in issuance of a ruling that would by its content violate fundamental principles of the rule of law, particularly situations where a ruling is issued using an institution that is impermissible by operation of law.

2. Incorrect interpretation of substantive law and other violations not rising to such level cannot lead to a finding that the grounds for the petition set forth in Civil Procedure Code Art. 712 §1(4) have been met.

Data wydania: 24-04-2001 | Sygnatura: I ACa 277/01

Key issues: arbitration award, petition to set aside arbitration award

id: 20281

Polish Supreme Court judgment dated 3 June 1987 Case No. I CR 120/87

1. A petition to set aside an arbitration award is not ... an appeal, but a procedural measure with a nature similar to a petition to reopen a proceeding.

2. The statement in the second sentence of Civil Procedure Code Art. 705 §2 that an arbitration court is not bound by civil procedure regulations does not refer to mandatorily applicable regulations set forth in Book Three of the code. Civil Procedure Code Art. 712–715, which have this character, apply in every arbitration proceeding. The lack of any indication to this effect in the rules defining the procedure before the arbitration court therefore does not exclude the permissibility of filing a petition with the state court to set aside an award issued by a permanent arbitration court (Civil Procedure Code Art. 695).

Data wydania: 03-06-1987 | Sygnatura: I CR 120/87

Key issues: arbitration award, petition to set aside arbitration award

id: 20133

Polish Supreme Court ruling dated 29 October 1949 Case No. Wa C 105/49

An arbitration award issued during the German occupation pursuant to an arbitration clause concluded by the parties despite the non-existence of a dispute between them but only in order to ascribe the legal form to an agreement which according to Polish law requires the form of a public document does not violate public policy.

Data wydania: 29-10-1949 | Sygnatura: Wa C 105/49

Key issues: arbitration award

id: 20087

Polish Supreme Court ruling dated 6 March 1939 Case No. C II 1888/38

The fact that an execution clause has not been affixed to an arbitration award in accordance with Civil Procedure Code Art. 594(2) and Execution Ordinance §54(3) has only the negative consequence that the plaintiffs may not enforce their claim by way of execution before obtaining such clause, due to the lack of a writ of enforcement (Civil Procedure Code Art. 540), but this does not affect the fact that the claim adjudged by such award remains due and payable, or the right to setoff, which is based on the Obligations Code rather than the [Civil Procedure] Code provisions concerning judicial execution proceedings.

Data wydania: 06-03-1939 | Sygnatura: C II 1888/38

Key issues: arbitration award

id: 20079

Polish Supreme Court ruling dated 2 November 1938 Case No. C II 280/38

1. Civil Procedure Code Art. 150, which permits service at night only upon prior order by the director of the court, does not apply to arbitration procedure, where the general regulation of Civil Procedure Code Art. 500 §1 provides only that the arbitration court shall serve copies of the award on the parties, against written proof of service, but does not prescribe the manner of service.

2. Obligations Code Art. 82 permits an agreement to pay a specific sum of money in the event of failure to perform an obligation, and thus the arbitration court did not violate public policy by ruling on a monetary penalty....

3. The allegation that the arbitration award does not explain the grounds for monetary obligations is unjustified, because the parties released the arbitration court from the duty to provide a justification for the award.

Data wydania: 02-11-1938 | Sygnatura: C II 280/38

Key issues: arbitration agreement, arbitration award, petition to set aside arbitration award

id: 20077

Polish Supreme Court ruling dated 13 December 1937 Case No. C III 1626/37

1. If the parties have not specified the procedure, the arbitration court shall specify the procedure in its own discretion. In this respect, the arbitration court is not subject to any restrictions other than those set forth in the act ([Civil Procedure Code] Art. 503 §1(3)), i.e. in the regulations concerning procedure before the arbitration court (Art. 497–502). These regulations do not require the arbitration court to specify its procedure in writing, nor do they prohibit the arbitration court from changing the procedure it has adopted for another procedure, and, finally, they do not prohibit the arbitration court from departing in certain instances from the procedure it has previously specified.

2. The place of issuance of an award is the place identified by the arbitration court in the award. Stating as this place the place in which the award was handed down within the meaning of [Civil Procedure Code] Art. 497 is recommended; however, so long as the arbitration court is not bound by the procedure specified by the parties themselves (Art. 494 §1), it may determine in its own discretion which place to identify in the award as the place of issuance of the award, so long as it is not contrary to the rule set forth in Art. 497. Such a decision by the arbitration court may fall within the scope of specifying the procedure.

3. The regulations in the act concerning procedure before the arbitration court ([Civil Procedure Code] Art. 494–502) do not contain provisions on announcement of the award, and it may thus be issued without announcement. Nor does the act tie any consequences to announcement of the award, which it does not provide for announcement of at all. Consequences are, however, tied to service of copies of the award, as specified in Art. 500 §1, and under Art. 504 §1 a petition to set aside an arbitration award must be filed within one month after service of the award. The date of issuance of an award is therefore not the date of its announcement.

4. The very act of issuance of an award by the arbitration court is not identical with signing of the written formulation of the resolution of the relief sought by the parties and the reasons for the resolution. Both the literal wording and the substance of the provisions set forth in [Civil Procedure Code] Art. 498 and 499 lead to the conclusion that the time of issuance of an award is the time when the arbitration court took a final decision on what the resolution of the relief sought by the parties would be, and for what reasons, and when to this end the award was handed down within the meaning of Art. 497. The award is not yet in force, but enters into force only when it is made in writing, contains all the information required by Art. 498, and is signed by the arbitrators in the manner provided in Art. 499; nonetheless, the award already exists, it has already been “handed down” and thus was “issued.”

Data wydania: 13-12-1937 | Sygnatura: C III 1626/37

Key issues: arbitration procedure, arbitration award

id: 20069

Polish Supreme Court ruling dated 29 November 1937 Case No. C II 1252/37

1. Civil Procedure Code Art. 503 §1 is limited to an enumeration of the grounds for setting aside an arbitration award, while Art. 505 requires the regulations concerning a proceeding initiated by a statement of claim to be applied in a proceeding upon a petition to set aside an arbitration award. It follows from this that Civil Procedure Code Art. 408 §2 and Art. 437 concerning partial setting aside of a judgment are also applicable to arbitration awards.

2. The substance of the arbitration award determines whether in the given instance it may be set aside in part and to what extent, obviously within the bounds of Civil Procedure Code Art. 503 §1. Partial setting aside of an award will not be permissible if the specific parts of the award are interconnected in such a way that none of them may be removed from the others without materially deforming the whole. If, however, the arbitration court exceeded the bounds of the arbitration clause (Civil Procedure Code Art. 503 §1(4)), and the ruling in this regard may without harm be separated from the rest of the award, there is no barrier preventing partial setting aside of the award.

3. The parties could supplement the arbitration clause during the hearing before the arbitration court, but because of the requirement for written form of the clause (Civil Procedure Code Art. 480 §2), such supplementation would also have to be made in that form, and thus in the minutes signed by the parties.

4. The state court is competent to consider only formal grounds for setting aside an arbitration award, except that it will also consider in substantive terms whether the award violates public policy or good practice (Civil Procedure Code Art. 503 §1(4)).

5. Waiver of the right to challenge the award would have to be express in order to be effective, and the plaintiff’s statement that it accepts the award does not satisfy this requirement, and in any event was made to the arbitration court and not to the defendant.

Data wydania: 29-11-1937 | Sygnatura: C II 1252/37

Key issues: arbitration award, petition to set aside arbitration award

id: 20070

Polish Supreme Court ruling dated 23 April 1936 Case No. C II 110/36

Under Civil Procedure Code Art. 501 §2 and Art. 502, an arbitration award has the weight of a judicial ruling and is equivalent to a state court judgment. Because pursuant to Art. 82 §2 of the Notaries Law judicial rulings effectively take the place of the form of a notarial deed, the arbitration award is thus valid and effective despite the absence of the form of a notarial deed, and does not violate public policy, because it was issued in compliance with applicable regulations of law.

Data wydania: 23-04-1936 | Sygnatura: C II 110/36

Key issues: arbitration award

id: 20060

Polish Supreme Court ruling dated 22 October 1935 Case No. C II 984/35

1. Civil Procedure Code Art. 503 provides for the ability to set aside an arbitration award only in exceptional circumstances, and such provisions are subject to strict rather than expansive interpretation. As a result, in case of doubt, the award should be maintained in force rather than set aside.

2. It follows from the concept of “resolution” that an award by an arbitration court should be of a type that definitively ends the dispute, and from which it will be apparent in what manner the dispute was resolved, so that any doubts or potential further disputes in this respect are excluded.

Data wydania: 22-10-1935 | Sygnatura: C II 984/35

Key issues: arbitration award, petition to set aside arbitration award

id: 20056

Polish Supreme Court ruling dated 4 October 1934 Case No. C II 1861/34

1. From the perspective of Austrian civil procedure regulations, failure to submit the original arbitration clause to the arbitration court does not justify ineffectiveness of the arbitration award, as this result follows under § 595(1) of the [former Austrian] Civil Procedure Code only from lack of an arbitration clause.

2. The state court is not a higher instance with respect to the arbitration court, and thus determinations made by the arbitration court within its discretion may not be appealed against.

3. The lack of justification of an arbitration award is not included in § 595 of the [former Austrian] Civil Procedure Code as grounds for ineffectiveness of the arbitration award.

Data wydania: 04-10-1934 | Sygnatura: C II 1861/34

Key issues: arbitration award, petition to set aside arbitration award

id: 20046

Polish Supreme Court ruling dated 27 October 1933 Case No. I C 1947/32

The finding ... that the parties entered into an arbitration clause and obtained an arbitration award with the intention of circumventing regulations of law imposing requirements for transfer of ownership is sufficient grounds to refuse to issue a writ of enforcement (Zw. Pr. Vol. X, Part 1, Art. 1528).

Data wydania: 27-10-1933 | Sygnatura: I C 1947/32

Key issues: arbitration award

id: 20297

Polish Supreme Court ruling dated 6 October 1933 Case No. C I 1157/33

If the parties do not appear at the time set for announcement of the arbitration award, or if the award was not announced to the parties, the award is deemed to be announced on the last day of the period set for issuance of the award.

Data wydania: 06-10-1933 | Sygnatura: C I 1157/33

Key issues: arbitration award, petition to set aside arbitration award

id: 20039

Polish Supreme Court ruling dated 31 August 1933 Case No. C I 2776/32

Lack of a signature on the award by an arbitrator who has been outvoted cannot be grounds for invalidating the arbitration award.

Data wydania: 31-08-1933 | Sygnatura: C I 2776/32

Key issues: arbitrator, arbitration award

id: 20037

Polish Supreme Court ruling dated 19 December 1931 Case No. III 1 Rw 1925/30

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.

Data wydania: 19-12-1931 | Sygnatura: III 1 Rw 1925/30

Key issues: arbitrator, arbitration award

id: 20305

Polish Supreme Court ruling dated 9 September 1931 Case No. Rw 765/31

An arbitration clause signed for a joint-stock company by only one commercial proxy is invalid if a signature for the company by a single person is not provided for in the commercial register.

Data wydania: 09-12-1931 | Sygnatura: Rw 765/31

Key issues: arbitration agreement, arbitration award

id: 20029

Polish Supreme Court ruling dated 11 August 1931 Case No. III 1 Rw 970/31

What is relevant for the content of an arbitration award is only the wording of the award, not the intent of particular arbitrators.

Data wydania: 11-08-1931 | Sygnatura: III 1 Rw 970/31

Key issues: arbitration award

id: 20028

Polish Supreme Court ruling dated 6 May 1931 Case No. III 1 Rw 392/31

An arbitration award may be effective only for or against a person who in a written document has submitted a disputed right or disputed legal relationship to determination by the arbitration court.

Data wydania: 06-05-1931 | Sygnatura: III 1 Rw 392/31

Key issues: arbitration agreement, arbitration award

id: 20026

Polish Supreme Court ruling dated 13 March 1931 Case No. I C 2357/30

The date of issuance of the award by the arbitration court should be stated in the award itself. A subsequent declaration by the arbitrators, even though made in writing, is of no legal significance because the functions of the arbitration court cease entirely upon issuance of the award (Art. 1394 of the [former Russian] Civil Procedure Code). Nor is it permissible to admit the testimony of witnesses in order to determine the date of the arbitration award. The infraction committed by the arbitration court in omitting the date does not invalidate the award if the award was filed with the state court prior to the end of the period in which the award was supposed to made and it is confirmed through this procedure that the deadline was not missed.

Data wydania: 13-03-1931 | Sygnatura: I C 2357/30

Key issues: arbitration award

id: 20025

Polish Supreme Court ruling dated 4 February 1931 Case No. III 1 Rw 1994/30

A clause providing for a panel composed of two arbitrators in the event that one of the arbitrators refuses to take part in the hearing and issuance of the award is legally possible and effective, but in that case the two arbitrators would have to conduct the hearing and issue the award. Then, without a doubt, only the two arbitrators holding sessions and deciding the case would be required to sign the arbitration award (§592 of the [former Austrian] Civil Procedure Code).

Data wydania: 04-02-1931 | Sygnatura: III 1 Rw 1994/30

Key issues: arbitration award

id: 20310

Polish Supreme Court ruling dated 30 May 1930 Case No. III 1 Rw 2368/29

1. The Supreme Court does not share the legal view that because of dispatch and service of a copy of the arbitration award on the plaintiff after 10 May 1927, the award in question should be regarded as not having been issued during the period specified in the submission to arbitration, and thus invalid. Because the award was adopted by all three arbitrators and signed by them prior to 10 May 1927, the award must be regarded as issued on time, regardless of when it was served on the parties.

2. The award in question is invalid because the plaintiff was not heard by all three arbitrators prior to resolution of the case covered by the submission to arbitration.

Data wydania: 30-05-1930 | Sygnatura: III 1 Rw 2368/29

Key issues: arbitration procedure, arbitration award

id: 20311

Polish Supreme Court ruling dated 5 July 1929 Case No. III. 2. C. 222/29

1. It cannot be assumed that the parties, when not only certain of their rights and obligations arising out of the legal act in question are challenged, but the legal act as such, did not intend to make use of the assistance of the arbitration court. Therefore, despite the invalidity (not to mention the ineffectiveness) of the deed itself, the arbitration clause, only mechanically connected to the deed, remains in force.

2. Unless otherwise provided by the parties, the arbitration court is not bound by procedural regulations, particularly the provisions of the [former German] Civil Procedure Code, when hearing the case submitted to it.

3. An arbitration award must set forth the reasons; that is, it must contain an objective justification for the operative wording of the award issued. Whether such justification is accurate, exhaustive or consistent with the state of facts cannot be reviewed by the common court under §1041 of the [former German] Civil Procedure Code, because it is not an appellate instance with respect to the arbitration court.

Data wydania: 05-07-1929 | Sygnatura: III. 2. C. 222/29

Key issues: arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award

id: 20018

Polish Supreme Court ruling dated 13 November 1928 Case No. III Rw 1956/28

1. While the arbitration court is not bound in its procedure by civil procedure regulations ([former Austrian] Civil Procedure Code § 587), nonetheless the bounds of the task of the arbitration court must be designated (see [former Austrian] Civil Procedure Code § 595(5)).

 2. In the absence of the defendant (in an arbitration court) the relief sought may not be amended and arbitrarily determined relief granted against the defendant without notice to the defendant. … Such procedure violates the mandatorily applicable rule of [former Austrian] Civil Procedure Code § 587 of the necessity to hear out the parties or give them at least the opportunity of a defence, and renders the arbitration award ineffective ([former Austrian] Civil Procedure Code § 595 (2) and (5)).

Data wydania: 13-11-1928 | Sygnatura: III Rw 1956/28

Key issues: arbitration procedure, arbitration award

id: 20013

Polish Supreme Court ruling dated 16 October 1928 Case No. III R 612/28

In order for the court to permit execution, evidence must be presented to the court that an arbitration award constituting a writ of enforcement was issued by a properly appointed arbitration court, and such evidence is presented by the submission to arbitration, constituting in the given instance an integral part of the writ of enforcement.

Data wydania: 16-10-1928 | Sygnatura: III R 612/28

Key issues: arbitration agreement, arbitration award

id: 20012

Polish Supreme Court ruling dated 18 May 1927 Case No. C 90/26

1. An arbitration court is not a state institution, but operates on the basis of an agreement by the parties ([former Russian] Civil Procedure Code Art. 1367), and thus the regulations on the official language, in force in state offices, do not apply there.

2. For an award written by the arbitration court in a foreign language, in order to obtain a writ of enforcement, which must be issued only in Polish, it is necessary to submit a duly certified translation, which will serve as the basis for the judicial actions connected with issuance of a writ of enforcement and enforcement of the award.

Data wydania: 18-05-1927 | Sygnatura: C 90/26

Key issues: arbitration procedure, arbitration award, recognition and enforcement of domestic arbitration award

id: 20007

Polish Supreme Court ruling dated 30 December 1926 Case No. I C 2009/24

1. A finding by the courts of two instances that an arbitration award is unenforceable is essentially a consequence of the judicially confirmed invalidity of the award, depriving it of force and effect.

2. The objective invalidity [of the arbitration award] could occur only if the scope of authority of the arbitration court was not specified at all or was extended generally, without closer description, to any and all disputes between the parties.

Data wydania: 30-12-1926 | Sygnatura: I C 2009/24

Key issues: arbitration award, recognition and enforcement of domestic arbitration award

id: 20005

Polish Supreme Court ruling dated 13 November 1923 Case No. Rw 510/23

An arbitration award may be served on a party who has departed to a place unknown after issuance of the award, via a guardian for an absent person, appointed by the court for this purpose.

Data wydania: 13-11-1923 | Sygnatura: Rw 510/23

Key issues: arbitration procedure, arbitration award

id: 20304

Polish Supreme Court ruling dated 14 August 1923 Case No. Rw 2287/22

Because it was found that the petitioner had not signed the arbitration clause, through placement of her signature or her mark, it was correctly ruled that the arbitration award issued on the basis of such clause was ineffective, and with respect to both petitioners; from the nature of the legal relationship which was to be determined by the arbitration award, there is an apparent uniformity of interest for both of the petitioners.

Data wydania: 14-08-1923 | Sygnatura: Rw 2287/22

Key issues: arbitration agreement, arbitration award

id: 20302

Allerhand Maurycy

Arbitration in the Transition Period [Original title: Sąd polubowny w okresie przejściowym]

Głos Prawa 1933, No. 4, p. 188-201

Key issues: arbitrator, arbitration agreement, settlement before arbitral tribunal, arbitration award, recognition and enforcement of domestic arbitration award

id: 30033

Allerhand Maurycy

Commentary on the Judgement of the Third Chamber of the Supreme Court dated 5 May 1926. Rw 398/26 (regarding Signing of the Arbitration Award) [Original title: Glosa do wyroku izby trzeciej sądu najwyższego z 5 maja 1926. Rw 398/26 (dot. podpisu wyroku sądu polubownego)]

OSP 1926 (vol. 5), item 303, p. 309

Key issues: arbitration award

id: 30588

Allerhand Maurycy

Commentary on the Ruling of the Third Chamber of the Supreme Court dated 14 August 1923, Rw. 2287/22 (re: the Arbitration Clause not Being Signed by a Party) [Original title: Glosa do orzeczenia izby trzeciej sądu najwyższego z 14 sierpnia 1923, Rw. 2287/22 (dot. braku podpisu klauzuli arbitrażowej przez stronę)]

OSP 1924 (vol. 3), item 14, p. 11

Key issues: arbitration award

id: 30585

Arkuszewska Aneta M.

Rectification of Arbitration Awards [Original title: Rektyfikacja orzeczeń sądu arbitrażowego]

[in:] J. Olszewski, B. Fuchs (eds.), Arbitration. Between Theory and Practice [Arbitraż. Między teorią a praktyką], Rzeszów 2014, p. 55-63

Key issues: arbitration award

id: 31384

Artwich Armen

Application of the Delocalisation Theory in Current International Commercial Arbitration Practice

Prz.Prawn.UW 2010, No. 1-2, p. 130-143

Key issues: arbitration agreement, arbitration procedure, arbitration award, recognition and enforcement of foreign arbitration award

id: 30932

Balbiano di Colcavagno Pietro

Setting Aside and Refusing the Recognition and Enforcement of the Awards in Italy: Grounds and Procedural Issues [Original title: Uchylenie oraz odmowa uznania i stwierdzenia wykonalności wyroku arbitrażowego we Włoszech - przesłanki i kwestie procesowe]

Arbitration e-Review 2014, No. 1-2, p. 51-60

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of foreign arbitration award

id: 31281

Bareła Monika

Judicial Review of Arbitration Proceedings in Light of International Practice [Original title: Sądowa kontrola postępowania arbitrażowego z perspektywy doświadczeń międzynarodowych]

Stud.Prawn. 2013, No. 1, p. 35-67

Key issues: New York Convention, investment arbitration, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31189

Bartz Antoni Władysław

Can the Term for Issuing an Award be Extended on the Basis of a Simple Declaration of the Parties in the Minutes from the Session of the Arbitration Court? [Original title: Czy termin do wydania wyroku przez sąd polubowny może być przedłużony na podstawie prostego oświadczenia stron protokółu posiedzenia tegoż sądu?]

PPC 1937, No. 9-10, p. 306

Key issues: arbitration agreement, arbitration procedure, arbitration award

id: 30037

Pörnbacher Karl, Baur Sebastian

The New French Arbitration Law, the UNCITRAL Arbitration Rules and IBA Rules on the Taking of Evidence in International Arbitration

Biul. Arb. 2010-2011, No. 4, p. 52-64

Key issues: general works, state court assistance, arbitrator, arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award

id: 30992

Bělohlávek Alexander J.

Characteristics of Arbitral Awards and Legal Aspects of Falsification Thereof

[in:] B. Gessel-Kalinowska vel Kalisz (ed.), The Challenges and the Future of Commercial and Investment Arbitration. Liber Amicorum Professor Jerzy Rajski, Warsaw 2015, p. 272-291

Key issues: arbitration award

id: 31415

Błaszczak Łukasz

Arbitration Award in Civil Proceedings [Original title: Wyrok sądu polubownego w postępowaniu cywilnym]

Warszawa 2010, pp. 505

Key issues: settlement before arbitral tribunal, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 30886

Błaszczak Łukasz

Lex Mercatoria, Rules of Law and Rules of Equity as Grounds of Adjudication by an Arbitration Court [Original title: Lex mercatoria, zasady prawa oraz zasady słuszności jako podstawy orzekania przez sąd arbitrażowy]

Arbitration e-Review 2011, No. 1, p. 11-24

Key issues: arbitration procedure, arbitration award

id: 30970

Błaszczak Łukasz

Proceedings Before an Arbitral Tribunal. Arbitral Award

[in:] Gessel-Kalinowska vel Kalisz Beata (ed.), Polish arbitration law, Wrocław 2014, p. 313-440

Key issues: arbitration procedure, arbitration award

id: 31450

Błaszczak Łukasz

Proceedings Before an Arbitral Tribunal. Arbitral Award [Original title: Postępowanie przed sądem polubownym. Wyrok.]

[in:] Gessel-Kalinowska vel Kalisz Beata (ed.), Diagnosis for Arbitration. Functioning of Arbitration Law and the Directions of Postulated Changes [Diagnoza arbitrażu. Funkcjonowanie prawa o arbitrażu i kierunki postulowanych zmian], Wrocław 2014, p. 284-401

Key issues: arbitration procedure, arbitration award

id: 31457

Dunin-Wąsowicz Jan K., Boykin James H.

Judicial Review of Arbitral Awards in the United States - the Uncertain Future of "Manifest Disregard of the Law" [Original title: Sądowa kontrola wyroków arbitrażowych w Stanach Zjednoczonych - niepewna przyszłość doktryny „rażącego naruszenia prawa”]

Arbitration e-Review 2014, No. 1-2, p. 42-50

Key issues: New York Convention, arbitration award, petition to set aside arbitration award, recognition and enforcement of foreign arbitration award

id: 31280

Bruner Philip L.

Why Arbitrate? [Dlaczego arbitraż?]

Arbitration e-Review 2012, No. 1, p. 6-12

Key issues: arbitrator, arbitration agreement, arbitration procedure, arbitration award

id: 31168

Pazdan Maksymilian, Sołtysiński Stanisław, Wardyński Tomasz, Włodyka Stanisław, Okolski Józef, Całus Andrzej

A Commemorative Volume for 60 years of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw [Original title: Księga pamiątkowa 60-lecia Sądu Arbitrażowego przy Krajowej Izbie Gospodarczej w Warszawie]

Warszawa 2010, pp. 887

Key issues: New York Convention, general works, state court assistance, arbitrability of dispute, investment arbitration, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 30952

Carpentieri Leonardo

Arbitration in France – Some New Trends

ADR. Arbitraż i Mediacja 2015, No. 1, p. 13-24

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31374

Comi Urszula

Arbitration – Comparative Look on the Polish and French Statutory Law Regulations [Original title: Arbitraż - prawnoporównawcze spojrzenie na regulacje ustawodawstwa polskiego i francuskiego]

[in:] A. Garnuszek, L. Mazur, A. Orzeł (eds.), Quo Vadis, Arbitrażu? Quo Vadis, Arbitration?, Warszawa 2013, p. 45-73

Key issues: arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 31205

Crescenzo Claire di

Arbitration Awards in Polish Law in the Light of French Law [Original title: Orzeczenia arbitrażowe w prawie polskim w świetle prawa francuskiego]

MoP 1995, No. 9, p. 259-262

Key issues: arbitration award

id: 30208

Czarny Gierc

Draft of the Amendments to the Civil Procedure Code and the Issues of Arbitration [Original title: Projekt nowelizacji K.P.C., a zagadnienia sądownictwa polubownego]

Wil.Prz.Praw. 1936, No. 12, p. 431-435

Key issues: state court assistance, arbitrator, arbitration award

id: 30041

Czarny Gierc

Is an Arbitration Court Allowed to Ask a Magistrates’ Court for Service of a Copy of the Award if the Parties Refuse to Accept the Award or Sign the Receipt Confirmation? [Original title: Czy sąd polubowny, w razie odmowy przyjęcia przez strony odpisu wyroku lub podpisania dowodu doręczenia, ma prawo zwrócić się do sądu grodzkiego o doręczenie odpisu wyroku?]

PPC 1935, No. 1-2, p. 50-51

Key issues: state court assistance, arbitration award

id: 30040

Czarny Gierc

Issues of Arbitration Court Practice. An Addition to the Lecture of Dr Kuratowski [Original title: Z zagadnień praktyki sądów polubownych. Na marginesie referatu D-ra Kuratowskiego.]

Wil.Prz.Praw. 1933, No. 3, p. 69-74, [part II]

Key issues: arbitration procedure, arbitration award

id: 30046

Olszewski Adam, Czerniawko Ewelina

Awarding In-house Counsel Costs in Arbitration [Original title: Zasądzanie kosztów prawników wewnętrznych w arbitrażu]

Arbitration e-Review 2012, No. 1, p. 38-42

Key issues: arbitration award

id: 31140

Dąbrowska Katarzyna, Sidor Artur

Securing the enforceability of an award in the context of the new Rules of the Lewiatan Court of Arbitration

e-Przegląd Arbitrażowy 2012, No. 3-4 (10-11), p. 32-43

Key issues: arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31148

Dziurda Marcin, Zielińska Alicja

Prohibition on Surprise Decisions on Legal Grounds by Arbitrators

[in:] B. Gessel-Kalinowska vel Kalisz (ed.), The Challenges and the Future of Commercial and Investment Arbitration. Liber Amicorum Professor Jerzy Rajski, Warsaw 2015, p. 315-329

Key issues: arbitration procedure, arbitration award

id: 31417

Kolber Joanna, Fierens Jean-Pierre

The 2013 Developments in Belgian Arbitration Law

ADR. Arbitraż i Mediacja 2015, No. 1, p. 26-38

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31375

Franusz Anna

Impact of Declaration of Bankruptcy of an Entrepreneur on Arbitration Proceedings [Original title: Wpływ ogłoszenia upadłości przedsiębiorcy na postępowanie arbitrażowe]

Studia Prawnoustrojowe 2011, No. 14, p. 283-293

Key issues: arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31121

Frąckowiak Józef

The Finality of State Court Judgments and Arbitral Awards

[in:] B. Gessel-Kalinowska vel Kalisz (ed.), The Challenges and the Future of Commercial and Investment Arbitration. Liber Amicorum Professor Jerzy Rajski, Warsaw 2015, p. 347-354

Key issues: arbitration award, petition to set aside arbitration award

id: 31419

Frątczak Klaudia, Mikołajczyk Natalia

Reform of the French Code of Civil Procedure - Revolutionary Changes in Arbitration Law [Original title: Nowelizacja francuskiego Kodeksu Postępowania Cywilnego: Rewolucyjne zmiany w prawie arbitrażowym]

Arbitration e-Review 2011, No. 2, p. 38-41

Key issues: general works, state court assistance, arbitrator, arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award

id: 30985

Frejowski Sebastian

Binding of an Arbitration Tribunal by the State Court Ruling That Recognized or Enforced a Prior Arbitration Tribunal Award [Original title: Związanie sądu arbitrażowego orzeczeniem sądu powszechnego, który uznał lub stwierdził wykonalność wyroku sądu polubownego]

Glosa 2013, No. 2, p. 63-67

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31154

Łaszczuk Maciej, Pieckowski Sylwester, Poczobut Jerzy, Szumański Andrzej, Tomaszewski Maciej, Furtek Marek

Arbitration and Mediation. A Commemorative Volume Dedicated to Dr Andrzej Tynel [Original tilte: Arbitraż i mediacja. Księga jubileuszowa dedykowana doktorowi Andrzejowi Tynelowi]

Warszawa 2012, pp. 732

Key issues: New York Convention, general works, state court assistance, arbitrability of dispute, investment arbitration, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31075

Zawicki Kamil, Gąsiorowski Kuba, Matejczyk Magdalena

Poland – the Supreme Court Judgments

[in:] Bělohlávek Alexander J., Rozehnalová Naděžda (eds), Czech Yearbook of International Law. International Dispute Resolution, The Hague 2016, Vol. VII, p. 213-223

Key issues: New York Convention, arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award, recognition and enforcement of foreign arbitration award

id: 31552

Gessel-Kalinowska vel Kalisz Beata

Diagnosis for Arbitration. Functioning of Arbitration Law and the Directions of Postulated Changes [Original title: Diagnoza arbitrażu. Funkcjonowanie prawa o arbitrażu i kierunki postulowanych zmian]

Wrocław 2014, pp. 593

Key issues: New York Convention, general works, arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31452

Gessel-Kalinowska vel Kalisz Beata

The Normative Basis of Confidentiality in Polish Commercial Arbitration [Original title: Podstawa normatywna zasady poufności w polskim arbitrażu handlowym]

PPH, 2013, No. 1, p. 14-19

Key issues: arbitration procedure, arbitration award

id: 31129

Giemza Wojciech

Arbitration in the UE Competition Law [Original title: Arbitraż w prawie konkurencji Unii Europejskiej]

[in:] A. Garnuszek, L. Mazur, A. Orzeł (eds.), Quo Vadis, Arbitrażu? Quo Vadis, Arbitration?, Warszawa 2013, p. 191-213

Key issues: arbitrability of dispute, arbitration award

id: 31211

Gizbert-Studnicki Tomasz

Interpretation of Arbitration Awards from the Point of View of the Theory of Law [Original title: Interpretacja orzeczeń arbitrażowych z punktu widzenia teorii prawa]

[in:] Józef Okolski (chair), Andrzej Całus, Maksymilian Pazdan, Stanisław Sołtysiński, Tomasz Wardyński, Stanisław Włodyka (ed.) Essays in Honour of 60 years of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw [Księga pamiątkowa 60-lecia Sądu Arbitrażowego przy Krajowej Izbie Gospodarczej w Warszawie], Warszawa 2010, p. 739-750

Key issues: arbitration award

id: 30944

Goldwag Naum

Decisions of the Arbitration Court. Legal Remedies Available to the Parties. [Original title: Postanowienia sądu polubownego Przysługujące stronom środki prawne.]

Pal. 1936, No. 7-8, p. 601-606

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award

id: 30069

Golędzinowski Piotr

The Consequences of Setting Aside an Arbitral Award Following a Final Decision Ending the Procedure for Declaring the Award Enforceable [Original title: Skutki uchylenia wyroku sądu polubownego po prawomocnym zakończeniu postępowania o stwierdzenie wykonalności]

Arbitration e-Review 2014, No. 1-2, p. 6-12

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 31277

Gołąb Stanisław

Arbitration Courts in the Draft Polish Civil Procedure [Original title: Sądy polubowne według projektu polskiej procedury cywilnej.]

Pal. 1926, p. 49-66

Key issues: arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, arbitration award, recognition and enforcement of domestic arbitration award

id: 30072

Gorywoda Łukasz

Institutionalization of an Arbitral Appeal Mechanism – American Arbitration Association's new Optional Appellate Arbitration Rules [Original title: Instytucjonalizacja dwuinstancyjności postępowania arbitrażowego – apelacja arbitrażowa według nowych reguł American Arbitration Association]

PPH 2015, No. 4, p. 17-22

Key issues: arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award, recognition and enforcement of foreign arbitration award

id: 31364

Hauser-Morel Maria

Duty to Provide Reasoning under the ICC Rules – Recent Experience

[in:] B. Gessel-Kalinowska vel Kalisz (ed.), The Challenges and the Future of Commercial and Investment Arbitration. Liber Amicorum Professor Jerzy Rajski, Warsaw 2015, p. 355-364

Key issues: arbitration award

id: 31420

Hauser-Morel Maria, Wiśniewski Tadeusz

Arbitration Award, Rules of Adjudication and Other Methods of Concluding of Arbitration Proceedings [Original title: Wyrok, zasady wyrokowania i inne sposoby zakończenia postępowania arbitrażowego]

[in:] Andrzej Szumański (ed.), The System of Commercial Law. Commercial Arbitration. Volume 8, Chapter 10 [System Prawa Handlowego. Arbitraż handlowy. Tom 8, Rozdział 10], Warszawa 2009, p. 499-519

Key issues: arbitration award

id: 30753

Hauser-Morel Maria, Wiśniewski Tadeusz

Arbitration Award, Rules of Rendering an Award and Other Ways to Terminate an Arbitration Proceeding [Original title: Wyrok, zasady wyrokowania i inne sposoby zakończenia postępowania arbitrażowego]

[in:] Andrzej Szumański (ed.), The System of Commercial Law. Commercial Arbitration. Volume 8, Chapter 10 [Original title: System Prawa Handlowego. Arbitraż handlowy. Tom 8, Rozdział 10], Warszawa 2015, p. 595-623

Key issues: settlement before arbitral tribunal, arbitration award

id: 31484

Horváth Éva

(How) Are 'Ill' Awards Curable

[in:] Sylwester Pieckowski (chair), Piotr Nowaczyk, Jerzy Poczobut, Andrzej Szumański, Andrzej Tynel (ed.), Polish and International Commercial Arbitration at the Threshold of the 21st Century: A Commemorative Volume in Honour of Dr Tadeusz Szurski [Międzynarodowy i krajowy arbitraż handlowy u progu XXI wieku. Księga pamiątkowa dedykowana doktorowi habilitowanemu Tadeuszowi Szurskiemu], Warszawa 2008, p. 27-40

Key issues: arbitration award, petition to set aside arbitration award

id: 30919

Jakubowski Jerzy

Permanent Courts of Arbitration in Poland [Original title: Stałe sądy arbitrażowe w Polsce]

Warszawa 1961, ss. 39

Key issues: New York Convention, general works, arbitrator, arbitration procedure, arbitration award, petition to set aside arbitration award, recognition and enforcement of foreign arbitration award

id: 30127

Jakubowski Jerzy, Wiśniewski Andrzej W.

UNCITRAL Arbitration Rules [Original title: Regulamin arbitrażowy UNCITRAL]

PPHZ 1979, No. 3, p. 25-36

Key issues: general works, arbitrator, arbitration procedure, arbitration award

id: 30477

Jędrzejewska Maria

Commentary on the Supreme Court Resolution of 20.2.1974, III CZP 2/74 (re: Arbitration Award, and Statutes of Limitations for Claims) [Original title: Glosa do uchwały SN z 20.2.1974 r., III CZP 2/74 (dot. wyroku sądu polubownego; biegu przedawnienia roszczeń)]

OSPiKA 1976, item 1 c

Key issues: arbitration award

id: 30245

Jurcewicz Witold

Dispute Resolution in the “Final Offer” System (Baseball Arbitration) [Original title: Rozstrzyganie sporów w systemie "ostatniej oferty" (baseball arbitration)

[in:] Józef Okolski (chair), Andrzej Całus, Maksymilian Pazdan, Stanisław Sołtysiński, Tomasz Wardyński, Stanisław Włodyka (ed.) Essays in Honour of 60 years of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw [Księga pamiątkowa 60-lecia Sądu Arbitrażowego przy Krajowej Izbie Gospodarczej w Warszawie], Warszawa 2010, p. 191-200

Key issues: arbitration procedure, arbitration award

id: 30909

Kała Dariusz P.

Chosen Issues Related to the Arbitration Court Award [Original title: Wybrane zagadnienia związane z wyrokiem sądu polubownego]

Rejent 2012, No. 4, p. 65-75

Key issues: arbitration award, petition to set aside arbitration award

id: 31056

Kała Dariusz P.

On the Relations Between State Courts and Courts of Arbitration in the Wide Sense [Original title: O relacjach między sądownictwem państwowym a polubownym w znaczeniu szerokim]

R.Pr. - dod. 2012, No. 122, p. 6-10

Key issues: arbitration agreement, arbitration procedure, arbitration award

id: 31073

Kapłan I.

Arbitration (Comparative Outline of the Provisions of the Civil Court Procedure Act and the Civil Procedure Code) [Original title: Sąd polubowny (Szkic porównawczy przepisów U.P.C. i K.P.C.).]

Wil.Prz.Praw. 1932, No. 2, p. 33-36

Key issues: arbitration agreement, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award

id: 30076

Kąkolecki Andrzej

Best Practice in ICC Arbitration [Original title: Dobre praktyki w arbitrażu Międzynarodowej Izby Handlowej (ICC)]

[in:] M. Łaszczuk (chair), M. Furtek, S. Pieckowski, J. Poczobut, A. Szumański, M. Tomaszewski (eds.), Arbitration and Mediation. A Commemorative Volume Dedicated to Dr Andrzej Tynel [Arbitraż i mediacja. Księga jubileuszowa dedykowana doktorowi Andrzejowi Tynelowi], Warszawa 2012, p. 228-244

Key issues: arbitrator, arbitration procedure, arbitration award

id: 31086

Kąkolecki Andrzej

Modern Arbitration Rules [Original title: Nowoczesne regulaminy arbitrażowe]

Biul. Arb. 2013, No. 20, p. 88-92

Key issues: arbitrator, arbitration procedure, arbitration award

id: 31177

Kąkolecki Andrzej, Nowaczyk Piotr

A New Set of Rules of the Court of Arbitration at the Polish Chamber of Commerce / Un nou set de Reguli emise de Curtea de Arbitraj de pe lângă Camera de Comerţ din Polonia

Revista Română de Arbitraj 2009, No. 1 (9), p. 10-21

Key issues: arbitrator, arbitration procedure, arbitration award

id: 31290

Kąkolecki Andrzej, Nowaczyk Piotr

New ICC Rules of Arbitration [Original title: Nowy Regulamin Arbitrażowy Międzynarodowej Izby Handlowej]

Biul. Arb. 2012, No. 17, p. 55-70

Key issues: general works, arbitrator, arbitration procedure, jurisdiction of arbitral tribunal, arbitration award

id: 31046

Szczepaniak Anna, Kępka Paweł

Polish Abitration Award in the Middle Ages and in the 21st Century [Original title: Polski wyrok arbitrażowy w okresie średniowiecza i XXI wieku]

[in:] A. Garnuszek, L. Mazur, A. Orzeł (eds.), Quo Vadis, Arbitrażu? Quo Vadis, Arbitration?, Warszawa 2013, p. 237-247

Key issues: arbitration award

id: 31213

Kosteczka Zofia

Waiver of the right to challenge the award [Original title: Zrzeczenie się prawa do wniesienia skargi o uchylenie wyroku sądu polubownego]

Biul. Arb., 2013, No. 19, p. 92-104

Key issues: arbitration award, petition to set aside arbitration award

id: 31131

Kozłowski Łukasz

Declaration of Insolvency of the Party to the Arbitration Proceedings [Original title: Ogłoszenie upadłości strony postępowania przed sądem polubownym]

MoP 2015, No. 8, p. 436-440

Key issues: arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award

id: 31370

Kroft, van der Remco

Netherlands Arbitration Institute (Brief Presentation)[Original title: Holenderski Instytut Arbitrażu (krótka prezentacja)]

Biul. Arb. 2009, Nr 11, p. 70-80

Key issues: general works, arbitrator, arbitration agreement, arbitration procedure, arbitration award

id: 30872

Kroński Aleksander

Arbitration in the Light of the Hitherto Case Law and Civil Procedure Code [Original title: Sądy polubowne w świetle dotychczasowego orzecznictwa i kodeksu postępowania cywilnego.]

Pal. 1931, No. 4-5, p. 169-179, [part II]

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award

id: 30083

Krużewski Bartosz

Arbitral Award

[in:] Arbitration in Poland, Warszawa 2011, p. 101-110

Key issues: settlement before arbitral tribunal, arbitration award

id: 31040

Zawicki Kamil, Kubas Andrzej, Selwa Magdalena

Current Case Law - Poland

[in:] Alexander J. Bělohlávek, Filip Černý, Naděžda Rozehnalová (eds.), Czech (& Central European) Yearbook of Arbitration 2013, Vol. III, New York 2013, P. 211-237

Key issues: New York Convention, arbitrability of dispute, arbitration agreement, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31308

Lewandowski Paweł

Prejudicial Effects of Arbitral Awards and Common Court Judgments in Arbitral Proceedings [Original title: Zakres związania sądu arbitrażowego prejudycjalnymi skutkami wcześniejszego wyroku arbitrażowego lub orzeczenia sądu państwowego]

[in:] M. Łaszczuk (chair), M. Furtek, S. Pieckowski, J. Poczobut, A. Szumański, M. Tomaszewski (eds.), Arbitration and Mediation. A Commemorative Volume Dedicated to Dr Andrzej Tynel [Arbitraż i mediacja. Księga jubileuszowa dedykowana doktorowi Andrzejowi Tynelowi], Warszawa 2012, p. 312-320

Key issues: arbitration award

id: 31091

Łaszczuk Maciej

The Form for Correction and Interpretation of an Arbitration Award [Original title: O formie sprostowania i wykładni wyroku sądu polubownego]

Pal. 2012, No. 3-4, p. 142-145

Key issues: arbitration award

id: 31051

Łaszczuk Maciej, Szumański Andrzej

The Arbitration Rules of the Court of Arbitration at the Polish Chamber of Commerce. Commentary [Original title: Regulamin Arbitrażowy Sądu Arbitrażowego przy KIG. Komentarz]

Warszawa 2017, pp. 604

Key issues: general works, arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, costs of arbitration, interim measures, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award

id: 31829

Miszewski Wacław

Adjudication in an Award Upon Condition That a Party Swears an Oath [Original title: Zasądzenie w wyroku sądu polubownego pod warunkiem złożenia przez stronę przysięgi]

PPC 1937, No. 1-2, p. 48-52

Key issues: arbitration award

id: 30090

Morek Rafał

Arbitration Award Issued on the Basis of A Settlement Between the Parties. An Outline of the Topic [Original title: Wyrok sądu polubownego wydany na podstawie ugody stron. Zarys problematyki]

[in:] Łukasz Błaszczak (ed.), On the Issues of Rulings [Wokół problematyki orzeczeń], Toruń 2007, p. 145-162

Key issues: settlement before arbitral tribunal, arbitration award

id: 30688

Morek Rafał

Selected Court Decisions related to Arbitral Proceedings [Original title: Przegląd orzecznictwa Sądu Najwyższego i sądów apelacyjnych]

Biul. Arb., 2013, No. 19, p. 120-124

Key issues: arbitration award, petition to set aside arbitration award

id: 31133

Morek Rafał

Settlement Recorded in the Form of an Arbitration Award on Agreed Terms: in the Rules of Arbitration of the International Chamber of Commerce, the Court of Arbitration at the Polish Chamber of Commerce and International Practice [Original title: Nadanie ugodzie stron formy wyroku arbitrażowego przez zespół orzekający (trybunał arbitrażowy) w regulaminach KIG, ICC i praktyce międzynarodowej

Biul. Arb. 2007, No. 4, p. 79-100

Key issues: settlement before arbitral tribunal, arbitration award

id: 30831

Morek Rafał, Sadowski Wojciech

Recognition and Enforcement of Arbitral Awards in Poland

[in:] Arbitration in Poland, Warszawa 2011, p. 125-140

Key issues: New York Convention, settlement before arbitral tribunal, arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31042

Neumann Marek

Public Policy and the Content of an Arbitral Award - commentary on the Supreme Court's ruling of 9 September 2010 (I CSK 535/09) [Original title: Klauzula porządku publicznego a treść wyroku sądu polubownego - glosa do wyroku Sądu Najwyższego z 9.09.2010 r. (I CSK 535/09)]

Glosa 2011, No. 2, p. 61-67

Key issues: arbitrator, arbitration award, petition to set aside arbitration award

id: 30994

Neumann Marek

The Rules of Incurring Costs of Proceedings Before the Court of Arbitration at the Polish Chamber of Commerce in the Light of Global Tendencies [Original title: Zasady ponoszenia kosztów postępowania przed Sądem Arbitrażowym przy KIG na tle tendencji światowych]

Biul.Arb. - Młody Arbitraż 2015, No. 22, p. 87-99

Key issues: arbitration procedure, arbitration award

id: 31328

Nowaczyk Piotr, Syp Szymon

Rules of Arbitration of the International Chamber of Commerce [Original title: Regulamin Arbitrażowy Międzynarodowej Izby Handlowej]

iKAR 2013, No. 5, p. 129-132

Key issues: general works, arbitrator, arbitration procedure, settlement before arbitral tribunal, arbitration award

id: 31187

Olaś Andrzej

Commentary to the Judgements of the Supreme Court Dated 13 April 2012 (I CSK 416/11) and 26 November 2008 (III CSK 163/08)[Original title: Glosa do wyroków Sądu Najwyższego z dnia 13 kwietnia 2012 r. (I CSK 416/11) oraz z dnia 26 listopada 2008 r. (III CSK 163/08)]

Stud. Prawn.-Ekonom. 2013, No. 88, p. 209-226

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 31262

Olechowski Marcin

Law Applicable to the Assessment of the Effects of a Recognised International Arbitration Award [Original title: Prawo właściwe do oceny skutków uznawanego międzynarodowego wyroku arbitrażowego]

[in:] Józef Okolski (chair), Andrzej Całus, Maksymilian Pazdan, Stanisław Sołtysiński, Tomasz Wardyński, Stanisław Włodyka (ed.) Essays in Honour of 60 years of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw [Księga pamiątkowa 60-lecia Sądu Arbitrażowego przy Krajowej Izbie Gospodarczej w Warszawie], Warszawa 2010, p. 573-585

Key issues: New York Convention, arbitration award, recognition and enforcement of foreign arbitration award

id: 30935

Opaliński Łukasz

Arbitration in Domestic Trade [Original title: Arbitraż w krajowym obrocie gospodarczym]

[in:] Prace laureatów konkursu im. Prof. Jerzego Jakubowskiego, edycja druga [Works of the Winners of Prof. Jerzy Jakubowski Contest, Second Edition], Warszawa 2005, p. 195-244

Key issues: general works, state court assistance, arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 30960

Orecki Marcin

Does the Winner Take It All? - Principles Governing the Adjudication of Attorney's Fees in International Arbitration [Original title: Does the winner take it all? - zasady zasądzania kosztów zastępstwa procesowego w międzynarodowym arbitrażu]

Prz. Prawn. UW 2012, No. 1-2, p. 95-107

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award

id: 31123

Orecki Marcin

Polish Provisions on Courts of Arbitration - de Lege Ferenda Remarks [Original title: Polskie przepisy o sądzie polubownym (arbitrażowym) - uwagi de lege ferenda]

PPC 2014, No. 2, p. 198-237

Key issues: general works, arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, arbitration award, petition to set aside arbitration award

id: 31272

Orkusz Maciej

ʺSurprise” of Parties at Legal Grounds Applied in the Arbitral Award as an Infringement of Party’s Right to Present its Case

Arbitration Bulletin - Young Arbitration 2016, No. 24, p. 88-104

Key issues: arbitration award, petition to set aside arbitration award

id: 31560

Orkusz Maciej

“Surprising” the Parties with the Legal Basis of the Arbitral Tribunal’s Adjudication and Deprivation of the Right of Defence [Original title: "Zaskoczenie" stron wyborem podstawy prawnej orzekania przez sąd polubowny a pozbawienie prawa do obrony]

Biul.Arb. - Młody Arbitraż 2015, No. 22, p. 126-138

Key issues: arbitration award, petition to set aside arbitration award

id: 31331

Orzeł Aleksandra

Commentary on the Supreme Court Judgement of 13.02.2014, V CSK 45/13 [Original title: Glosa do wyroku SN z dnia 13 lutego 2014 r., V CSK 45/13]

OSP 2015, No. 6, p. 858-865

Key issues: arbitration award, petition to set aside arbitration award

id: 31371

Osiński Marcin

Proceedings Before Polish Arbitration Courts – Selected Issues [Original title: Postępowanie przed polskimi sądami polubownymi - wybrane zagadnienia]

[in:] Prace laureatów konkursu im. Prof. Jerzego Jakubowskiego, edycja druga [Works of the Winners of Prof. Jerzy Jakubowski Contest, Second Edition], Warszawa 2005, p.121-193

Key issues: general works, state court assistance, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 30961

Pasko Karolina, Zarówna Agnieszka

Rendering an Award under Polish Arbitration Law

Arbitration Bulletin - Young Arbitration 2016, No. 24, p. 71-87

Key issues: settlement before arbitral tribunal, arbitration award

id: 31559

Pasko Karolina, Zarówna Agnieszka

Specificity of an Arbitral Award [Original title: Specyfika wyroku sądu polubownego]

Biul.Arb. - Młody Arbitraż 2015, No. 22, p. 112-125

Key issues: settlement before arbitral tribunal, arbitration award

id: 31330

Pokryszka Katarzyna

New Provisions of Polish Law Concerning Arbitration - Selected Issues

Pr. Nauk. UŚl 2009, vol. 1, p. 68-75

Key issues: general works, arbitrability of dispute, arbitration agreement, arbitration procedure, settlement before arbitral tribunal, arbitration award

id: 30980

Połatyńska Joanna

Equity as a Ground for Arbitration Tribunals’ Awards [Original title: Equity jako podstawa orzekania trybunałów arbitrażowych]

[in:] Cezary Mik (ed.), Arbitration in the International Law [Original title: Arbitraż w prawie międzynarodowym], Warsaw 2014, p. 63-75

Key issues: arbitration award

id: 31339

Popiołek Wojciech

Effects of Foreign Arbitral Award in Poland [Original title: Skutki zagranicznego orzeczenia arbitrażowego w Polsce]

PPH 2014, No. 6, s. 5-10

Key issues: New York Convention, arbitration award, recognition and enforcement of foreign arbitration award

id: 31269

Potrzobowski Karol

Commentary on the Supreme Court Ruling of 5.9.1967, I CZ 20/67 (re Court Control over Arbitral Awards) [Original title: Glosa do Postanowienia SN z 5.9.1967, I CZ 20/67 (dot. kontroli sądu nad wyrokami sądów polubownych)]

OSPiKA 1968, item 90 c, p. 210-212

Key issues: state court assistance, arbitration award, petition to set aside arbitration award

id: 30619

Proksa Aleksander

Court of Arbitration at the Polish Chamber of Commerce Case Law – SA 14/08 SA 92/W/08, SA 227/08 [Original title: Orzecznictwo Sądu Arbitrażowego przy KIG – SA 14/08 SA 92/W/08, SA 227/08]

Biul. Arb. 2010, No. 2, p. 91-123

Key issues: arbitration award

id: 30837

Romańczuk Henryk

Arbitration of Disputes between Consumers and Providers of Telecommunications Services [Original title: Polubowne rozstrzyganie sporów między konsumentami a dostawcami usług telekomunikacyjnych]

[in:] M. Łaszczuk (chair), M. Furtek, S. Pieckowski, J. Poczobut, A. Szumański, M. Tomaszewski (eds.), Arbitration and Mediation. A Commemorative Volume Dedicated to Dr Andrzej Tynel [Arbitraż i mediacja. Księga jubileuszowa dedykowana doktorowi Andrzejowi Tynelowi], Warszawa 2012, p. 493-509

Key issues: general works, arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, settlement before arbitral tribunal, arbitration award

id: 31100

Różalska-Kucal Agnieszka

Legal Character of the Arbitration Clause in Investment Treaties: Commentary to the Judgement of the Province Administrative Court in Warsaw dated 25 October 2012, IISAB/WA 252/12 [Original title: Charakter prawny klauzuli arbitrażowej w traktatach inwestycyjnych: Glosa do wyroku Wojewódzkiego Sądu Administracyjnego w Warszawie z dnia 25 października 2012 r. IISAB/WA 252/12]

Arbitration e-Review 2013, No. 3-4, p. 67-74

Key issues: investment arbitration, arbitration agreement, arbitration award

id: 31252

Rysiński Jan

Deliberation of Arbitrators - Practical Issues [Original title: Narada arbitrów - zagadnienia praktyczne]

Biul.Arb. - Młody Arbitraż 2015, No. 22, p. 100-111

Key issues: arbitration procedure, arbitration award

id: 31329

Skoczylas Józef

Arbitration in the Amendment to the Civil Procedure Code of 28 July 2005 [Original title: Sądownictwo arbitrażowe w nowelizacji kodeksu postępowania cywilnego z 28 lipca 2005 r.]

[in:] Jan Olszewski (ed.), Arbitration and Mediation. Current Theoretical and Practical Problems of Functioning of Arbitral Tribunals and Mediation Institutions. Conference Materials (Nałęczów Zdrój 8 - 10.05.2009) [Arbitraż i mediacja. Aktualne problemy teorii i praktyki funkcjonowania sądów polubownych i ośrodków mediacyjnych. Materiały konferencyjne (Nałęczów Zdrój 8 - 10.05.2009 r.)], Rzeszów 2009, p. 349-362

Key issues: general works, state court assistance, arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award, petition to set aside arbitration award

id: 30675

Skowrońska - Bocian Ewa

Case Law in Commercial Matters. Supreme Court. Arbitration [Original title: Orzecznictwo w sprawach gospodarczych. Sąd Najwyższy. Sądownictwo polubowne]

PUG 2000, No. 11, p. 26-29

Key issues: arbitration agreement, arbitration award

id: 30658

Skowrońska Katarzyna

Vacatur and Review of an Arbitral Award in Spain [Original title: Unieważnienie i rewizja wyroku sądu polubownego w Hiszpanii]

Arbitration e-Review 2014, No. 1-2, p. 61-70

Key issues: arbitration award, petition to set aside arbitration award

id: 31283

Sokołowska Lidia

Arbitrability and Its Relevance as a Ground for Setting Aside an Arbitral Award - Comparative Law Comments in Light of the Amended Belgian Arbitration Law [Original title: Zdatność arbitrażowa sporu i jej znaczenie jako przesłanki skargi o uchylenie wyroku arbitrażowego - uwagi prawnoporównawcze w świetle nowelizacji belgijskiego prawa arbitrażowego]

Arbitration e-Review 2014, No. 1-2, p. 79-86

Key issues: arbitrability of dispute, arbitration award, petition to set aside arbitration award

id: 31284

Sołtysiński Stanisław

Binding Members of Groups of Companies, Their Shareholders and Stakeholder by the Agreements to Arbitrate and Arbitral Awards [Original title: Związanie zapisem na sąd polubowny i orzeczeniem arbitrażowym członków zgrupowania spółek, ich wspólników i interesariuszy]

PPPM 2012, No. 11, p. 9-28

Key issues: arbitrability of dispute, investment arbitration, arbitration agreement, jurisdiction of arbitral tribunal, arbitration award

id: 31198

Sołtysiński Stanisław

Prohibition on Relitigation of Transnational Arbitration Disputes: Res Iudicata and Related Institutions

[in:] B. Gessel-Kalinowska vel Kalisz (ed.), The Challenges and the Future of Commercial and Investment Arbitration. Liber Amicorum Professor Jerzy Rajski, Warsaw 2015, p. 384-400

Key issues: arbitration award

id: 31423

Stawecki Tomasz

The Governing Law - General Principles of Law. A Commentary [Original title: Prawo właściwe – zasady ogólne prawa. Komentarz]

Arbitration e-Review 2014, No. 3-4, p. 113-127

Key issues: arbitration agreement, arbitration award

id: 31361

Stefanowicz Krzysztof

Dissenting Opinions in Arbitration – Briefly in Favor

[in:] B. Gessel-Kalinowska vel Kalisz (ed.), The Challenges and the Future of Commercial and Investment Arbitration. Liber Amicorum Professor Jerzy Rajski, Warsaw 2015, p. 401-411

Key issues: arbitrator, arbitration award

id: 31424

Strumiłło Tomasz

Legal Effects of an Arbitral Award [Original title: Skutki prawne wyroku arbitrażowego]

Biul. Arb. 2010, No. 3, p. 96-115

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 30883

Szczęśniak Alicja

A Few Remarks on Remission Proceedings in Cases under Petition to Set Aside Arbitration Award [Original title: Kilka uwag o postępowaniu remisyjnym w sprawach ze skargi o uchylenie wyroku sądu polubownego]

Arbitration e-Review 2013, No. 3-4, p. 60-66

Key issues: state court assistance, arbitration procedure, arbitration award, petition to set aside arbitration award

id: 31251

Szczęśniak Alicja

Commentary to the Judgement of the Supreme Court - the Civil Chamber Dated 13 April 2012, I CSK 416/11[Original title: Glosa do wyroku Sądu Najwyższego - Izba Cywilna z dnia 13 kwietnia 2012 r., I CSK 416/11]

OSP 2014, No. 1, p. 11-19

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 31267

Szpara Justyna

Setting Aside an Arbitration Award

[in:] Arbitration in Poland, Warszawa 2011, s. 111-124

Key issues: arbitration award, petition to set aside arbitration award

id: 31041

Tomaszewski Maciej

2010 UNCITRAL Arbitration Rules [Original title: Regulamin Arbitrażowy UNCITRAL 2010]

Arbitration e-Review 2010, No. 3, p. 5-15

Key issues: general works, arbitrator, arbitration agreement, arbitration procedure, arbitration award

id: 30945

Tomaszewski Maciej

Effectiveness of Legal Protection before Arbitration Courts. Polish Experience [Original title: Skuteczność ochrony prawnej przed sądami polubownymi. Doświadczenia polskie]

PS 2006, No. 1, p. 34-64

Key issues: state court assistance, arbitrator, arbitration procedure, arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 30357

Tomaszewski Maciej

Legal Effects of an Arbitration Award [Original title: Skutki prawne wyroku sądu polubownego]

[in:] J. Gudowski, K. Weitz (ed.), Aurea praxis, aurea theoria. Księga pamiątkowa ku czci Profesora Tadeusza Erecińskiego, tom II [Aurea praxis, aurea theoria. A Commemorative Volume in Honour of Professor Tadeusz Ereciński, Vol. II], Warszawa 2011, p. 1899-1932

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 31028

Tyczka Mieczysław

The Essence of Arbitration Awards [Original title: Istota orzeczeń arbitrażowych]

Poznań 1965, pp. 467

Key issues: arbitration award

id: 30596

Tynel Andrzej

Commentary on the Warsaw Administrative Court Decision of 10.9.1997, I ACz 813/97 (re: Commercial Arbitration and Equal Treatment of Arbitration Awards and Common Court Judgements) [Original title: Glosa do postanowienia SA w Warszawie z dnia 10.9.1997 r., I ACz 813/97 (dot. arbitrażu handlowego, traktowania na równi wyroków sądów polubownych z wyrokami sądów powszechnych)]

PUG 1999, No. 3, p. 25-26

Key issues: arbitration award

id: 30365

Weitz Karol

Public Policy as a Ground for Setting Aside of an Arbitral Award in Courts’ Practice – Lecture by Karol Weitz and Discussion at the Meeting of Arbitrators, 21 October 2009 [Original title: Klauzula porządku publicznego jako podstawa uchylenia wyroku sądu polubownego na tle praktyki sądów (Wykład i dyskusja na Kolegium Arbitrów 21 października 2009 roku)]

Biul.Arb. 2010, No. 1, p. 13-18

Key issues: arbitration award

id: 30661

Wętrys Ewelina

Application of the Principle of Res Judicata to Domestic Arbitral Awards under Polish Law

Arbitration Bulletin - Young Arbitration 2016, No. 24, p. 105-121

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 31561

Wętrys Ewelina

Application of the Rei Iudicata Principle to National Arbitral Awards under Polish Law [Original title: Zastosowanie zasady rei iudicatea do krajowych wyroków arbitrażowych według polskiego prawa]

Biul.Arb. - Młody Arbitraż 2015, No. 22, p. 139-153

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award

id: 31332

Wiśniewski Andrzej W.

International Commercial Arbitration in Poland. The Legal Status of Arbitration and Arbitrators [Original title: Międzynarodowy arbitraż handlowy w Polsce. Status prawny arbitrażu i arbitrów]

Warszawa 2011, pp. 612

Key issues: New York Convention, general works, state court assistance, arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31015

Wojas Jakub

The Institution of Arbitration in the Country of Cherry Blossoms [Original title: Instytucja arbitrażu w Kraju Kwitnącej Wiśni]

[in:] A. Garnuszek, L. Mazur, A. Orzeł (eds.), Quo Vadis, Arbitrażu? Quo Vadis, Arbitration?, Warszawa 2013, p. 624-644

Key issues: general works, state court assistance, arbitrator, arbitration agreement, arbitration procedure, arbitration award, petition to set aside arbitration award

id: 31234

Wolak-Danecka Anna

Arbitration in the Czech Republic [Original title: Arbitraż w Republice Czeskiej]

Biul. Arb. 2010-2011, No. 4, p. 71-81

Key issues: general works, arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, arbitration award, petition to set aside arbitration award

id: 30989

Wyraz Ewelina

Res Judicata: Differences between International Arbitration and Litigation

[in:] Alexander J. Bělohlávek, Naděžda Rozehnalová (eds.), Czech (& Central European) Yearbook of Arbitration 2015, Vol. V, Interaction of Arbitration and Courts, New York 2015, p. 237-252

Key issues: arbitration award

id: 31367

Wysocka Barbara

The Notion of Foreign Award in Commercial Arbitration and its Evolution [Original title: Pojęcie zagranicznego orzeczenia w arbitrażu handlowym i jego ewolucja]

PiP 1977, No. 6, p. 55-67

Key issues: arbitration award, recognition and enforcement of foreign arbitration award

id: 30569

Wysok Violetta

A Few Remarks on the New ICC Rules of Arbitration in Force from 1 January 2012 [Original title: Kilka uwag o nowym Regulaminie Arbitrażowym ICC obowiązującym od 1 stycznia 2012 roku]

[in:] M. Łaszczuk (chair), M. Furtek, S. Pieckowski, J. Poczobut, A. Szumański, M. Tomaszewski (eds.), Arbitration and Mediation. A Commemorative Volume Dedicated to Dr Andrzej Tynel [Arbitraż i mediacja. Księga jubileuszowa dedykowana doktorowi Andrzejowi Tynelowi], Warszawa 2012, p. 688-697

Key issues: arbitrator, arbitration agreement, arbitration procedure, arbitration award

id: 31112

Zachariasiewicz Maciej

The Law Applicable to the Effects of an Arbitral Award [Original title: Prawo właściwe dla skutków orzeczenia arbitrażowego]

Arbitration e-Review 2014, No. 3-4, p. 41-61

Key issues: New York Convention, arbitration award, recognition and enforcement of foreign arbitration award

id: 31355

Zielony Andrzej

Introduction of an Arbitration Award to the Domestic Legal System on the Example of Selected Foreign Legal Systems [Original title: Wprowadzanie wyroku sądu polubownego do krajowego porządku prawnego na przykładzie wybranych obcych systemów prawnych]

[in:] J. Gudowski, K. Weitz (ed.), Aurea praxis, aurea theoria. Księga pamiątkowa ku czci Profesora Tadeusza Erecińskiego, tom II [Aurea praxis, aurea theoria. A Commemorative Volume in Honour of Professor Tadeusz Ereciński, Vol. II], Warszawa 2011, p. 2005-2080

Key issues: arbitration award, petition to set aside arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 31031

Zielony Andrzej

Legal Substance of Arbitration Court Judgments [Original title: Istota prawna wyroku sądu polubownego]

PPC 2011, No. 1, p. 46-78

Key issues: arbitration award

id: 30978

Zielony Andrzej

Rectification and Remission Proceedings for an Arbitration Award [Original title: Postępowanie rektyfikacyjne i remisyjne dotyczące wyroku sądu polubownego]

PS 2007, No. 3, p. 25-55

Key issues: arbitration award

id: 30710

Zych Maciej

Law applicable to the merits of dispute in international commercial arbitration under Art. 1194 of the (Polish) Code of Civil Procedure [Original title: Prawo właściwe dla meritum sporu w międzynarodowym arbitrażu handlowym na gruncie art. 1194 k.p.c.]

PPH 2016, No. 11, p. 37-46

Key issues: arbitration procedure, arbitration award, petition to set aside arbitration award

id: 31796

Żelasko Magdalena

Substantive Law Basis of the Awards Passed by Arbitration Courts [Original title: Podstawa materialno prawna wyroku sądu arbitrażowego]

[in:] J. Olszewski, B. Fuchs (eds.), Arbitration. Between Theory and Practice [Arbitraż. Między teorią a praktyką], Rzeszów 2014, p. 46-54

Key issues: arbitration procedure, arbitration award

id: 31383

Błaszczak Łukasz

A Non-Existing Arbitration Award in the Proceedings for Recognition and Enforcement (Selected Issues) [Original title: Wyrok arbitrażowy nieistniejący w postępowaniu o uznanie i stwierdzenie wykonalności (wybrane zagadnienia)]

ADR. Arbitraż i Mediacja 2009, No. 1 (5)

Key issues: arbitration award, recognition and enforcement of domestic arbitration award, recognition and enforcement of foreign arbitration award

id: 50048

Bodnar Adam, Ploszka Adam

The Influence of the European Convention on Human Rights on Amicable Proceedings (Arbitration) [Original title: Wpływ Europejskiej Konwencji Praw Człowieka na postępowanie polubowne (arbitraż)]

ADR. Arbitraż i Mediacja 2013, No. 3 (23)

Key issues: arbitrator, arbitration agreement, arbitration procedure, arbitration award

id: 50242

Chojecki Paweł, Marcisz Paweł

Prerequisites for and Consequences of Performance of an Arbitration Award [Original title: Przesłanki i skutki wstrzymania wykonania wyroku arbitrażowego]

ADR. Arbitraż i Mediacja 2012, No. 3 (19)

Key issues: arbitration award, recognition and enforcement of domestic arbitration award

id: 50200

Gil Piotr

Arbitration Agreement in Public Procurement Agreements [Original title: Zapis na sąd polubowny w umowach o wykonanie zamówienia publicznego]

ADR. Arbitraż i Mediacja 2011, No. 4 (16)

Key issues: arbitration agreement, arbitration award, petition to set aside arbitration award

id: 50166

Janus Piotr

Functioning of the Court of Arbitration at the Chamber of Commerce in Opole in the Context of its Regulations [Original title: Funkcjonowanie Sądu Arbitrażowego przy Opolskiej Izbie Gospodarczej w świetle jego regulaminu]

ADR. Arbitraż i Mediacja 2012, No. 3 (19)

Key issues: general works, arbitrator, arbitration agreement, arbitration procedure, arbitration award

id: 50203

Kamieniecka Dorota

Civil Mediators’ Association in Wieluń [Original title: Stowarzyszenie Mediatorów Cywilnych w Wieluniu]

ADR. Arbitraż i Mediacja 2013, No. 3 (23)

Key issues: general works, state court assistance, arbitrability of dispute, arbitrator, arbitration agreement, arbitration procedure, jurisdiction of arbitral tribunal, settlement before arbitral tribunal, arbitration award, petition to set aside arbitration award, recognition and enforcement of foreign arbitration award

id: 50249

Muliński Maciej

Domestic Enforcement Titles Issued in Mediation Proceedings and Arbitration Proceedings [Original title: Krajowe tytuły egzekucyjne powstające w postępowaniu mediacyjnym oraz w postępowaniu przed sądem polubownym (arbitrażowym)]

ADR. Arbitraż i Mediacja 2008, No. 1 (1)

Key issues: settlement before arbitral tribunal, arbitration award, recognition and enforcement of domestic arbitration award

id: 50005

Ryszkowski Karol

Adjudication on the Basis of the Principles of Equity Before an Arbitration Court - Summum Ius Summa Iniuria? [Original title: Orzekanie na zasadach słuszności w postępowaniu przed sądem arbitrażowym - summum ius summa iniuria?]

ADR. Arbitraż i Mediacja 2011, No. 1 (13)

Key issues: arbitration procedure, arbitration award

id: 50129

Sadowski Wojciech

Court Control over Arbitration Awards in Investment Disputes [Original title: Sądowa kontrola wyroków arbitrażowych w sporach inwestycyjnych]

ADR. Arbitraż i Mediacja 2009, No. 2 (6)

Key issues: investment arbitration, arbitration award, petition to set aside arbitration award

id: 50061

Sorysz Mariusz

Granting of an Enforceability Clause to an Arbitration Award and Arbitration Settlement - Selected Issues [Original title: Nadanie klauzuli wykonalności wyrokowi i ugodzie sądu polubownego - zagadnienia wybrane]

ADR. Arbitraż i Mediacja 2011, No. 4 (16)

Key issues: settlement before arbitral tribunal, arbitration award, recognition and enforcement of domestic arbitration award

id: 50167

Szczęśniak Alicja

Domestic Jurisdiction of a State Court for Ruling in Proceedings Initiated by a Petition to Set Aside Arbitration Award [Original title: Jurysdykcja krajowa sądu państwowego do orzekania w postępowaniu wszczętym skargą o uchylenie wyroku sądu polubownego]

ADR. Arbitraż i Mediacja 2013, No. 3 (23)

Key issues: arbitration award, petition to set aside arbitration award

id: 50246

Szpara Justyna

Place where the Award Was Made and Place of Arbitration (in the Context of Recognition and Enforcement of Foreign Arbitration Awards) [Original title: Miejsce wydania wyroku a miejsce arbitrażu (w kontekście uznawania i wykonywania zagranicznych orzeczeń arbitrażowych]

ADR. Arbitraż i Mediacja 2009, No. 2 (6)

Key issues: arbitration award, recognition and enforcement of foreign arbitration award

id: 50065

Wiśniewski Andrzej W.

Arbitration and the State Court: Scope of Adjudicating Competence [Original title: Arbitraż a sąd państwowy: zakres kompetencji orzeczniczej]

ADR. Arbitraż i Mediacja 2008, No. 4 (4)

Key issues: arbitration agreement, arbitration award

id: 50043

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