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Polish Supreme Court ruling dated 31 October 1932 Case No. I C 1684/32

The motion to stay the proceeding in the case because of an agreement reached by the parties’ attorneys ... providing for drawing up an arbitration agreement in the form of a notarial deed … could not be granted because until a decision is issued by the court substituting for the arbitration clause, the proceeding in the case before the state court cannot be stayed pursuant to [former Russian] Civil Procedure Code Art. 1375.

Publication date: 31-10-1932 | Case no.: I C 1684/32

Key issues: arbitration agreement

id: 20034

Polish Supreme Court ruling dated 1 September 1932 Case No. I C 1018/32

1. In the event of the death of the claimant or the defendant, the actions of the arbitration court cease, and thus the arbitration court ceases to exist, and any act taken by the arbitrators after the death of a party cannot be regarded as an act of the arbitration court.

2. Cessation of the action of the arbitration court pursuant to Art. 1384(2) of the [former Russian] Civil Procedure Code also occurs when one of several claimants or defendants dies.

Publication date: 01-09-1932 | Case no.: I C 1018/32

Key issues: arbitration procedure

id: 20033

Polish Supreme Court ruling dated 18 August 1932 Case No. R 385/32

In light of the legal finality of the resolution ... appointing an arbitrator ..., there is no legal basis for holding the arbitration clause to be ineffective, because the basis that arose through [the arbitrator’s] resignation was cured as a result of appointment of another arbitrator by the state court. The arbitration clause may be deemed ineffective pursuant to [former Austrian] Civil Procedure Code § 583(2)(2) only if an arbitrator refused to perform his duties or is in excessive delay in performing his duties.

Publication date: 18-08-1932 | Case no.: R 385/32

Key issues: arbitration agreement, arbitrator, state court assistance

id: 20032

Polish Supreme Court ruling dated 23 March 1932 Case No. III R 106/32

The resolution [appointing an arbitrator] could not be appealed pursuant to [former Austrian Civil Code § 582(2)] by the petitioner’s opponent, and he did not appeal against it.

He had even less right to appeal against the order of the first court failing to grant the request by [the arbitrator] to release him from the appointment as arbitrator, as [the arbitrator] accepted this order by the court.

Publication date: 23-03-1932 | Case no.: III R 106/32

Key issues: arbitrator

id: 20030

Polish Supreme Court ruling dated 22 December 1931 Case No. III 1 Rw 1931/31

The task of the arbitration court is to hear the parties in order to develop a proper view of the whole case, and it is not necessary to hear the parties when they both present or for them to present mutual testimony, because apart from §§ 598–599 of the [former] Austrian Civil Procedure Code the arbitration court is not bound by civil procedure regulations. It may be persuaded of the truth or falsity of the parties’ claims and allegations according to its own free conviction and does not need to present the parties with their mutual testimony or hear them when they are both present.

Publication date: 22-12-1931 | Case no.: III 1 Rw 1931/31

Key issues: arbitration procedure

id: 20313

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.

Publication date: 19-12-1931 | Case no.: III 1 Rw 1925/30

Key issues: arbitration award, arbitrator

id: 20305

Polish Supreme Court ruling dated 30 September 1931 Case No. III 1 Rw 1159/31

The issue raised in the review of what will happen if the Land Office refuses permission to acquire the real estate identified in the arbitration award does not fall within the purview of the courts in this dispute, as it concerns the correctness of the arbitration award on the merits, and comprises an allegation of the erroneous assessment of the award, and therefore it cannot justify any of the grounds of ineffectiveness from §595 of the [former] Austrian Civil Procedure Code.

Publication date: 30-09-1931 | Case no.: III 1 Rw 1159/31

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

id: 20312

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