polish

case law

id : 20259

id: 20259

Polish Supreme Court order

dated 28 January 2009

Case No. IV CZ 107/08

Summary by arbitraz.laszczuk.pl:

An individual brought a claim against Wirtualna Polska SA, operator of a web portal by that name, before the Internet Domains Arbitration Court at the Polish Chamber of Information Technology and Telecommunications, seeking a declaratory judgment that registration of the Wirtualna Polska and WP domain names violated his rights, including copyright and author’s moral rights. The arbitration court ruled against him, and he filed a petition in the regional court to set aside the award. The regional court ruled against him, as did the appellate court on appeal. The claimant then filed a cassation appeal with the appellate court, which was dismissed on the grounds that the case involved property/financial rights (majątkowe) and therefore the amount in dispute alleged by the claimant, PLN 400, was too low to permit a cassation appeal. The claimant filed an interlocutory appeal with the Polish Supreme Court, which vacated the order dismissing the cassation appeal, finding that the manner in which the claimant calculated the filing fee was doubtful, but the lower courts’ findings concerning the filing fee were also internally inconsistent and the case should thus be remanded for reconsideration below.

Excerpts from the text of the court’s ruling:

1. The grounds for permissibility of a cassation appeal from a judgment in a case seeking to set aside an arbitration award are the same as those from other judgments by the court of second instance, except that classification of the case in this respect is a two-step process, in the sense that determination of the subject of the ruling and the appeal requires resort to the arbitration award. A cassation appeal is thus permissible in cases: 1) in which the subject of the ruling by the arbitration court was property/financial rights [majątkowe] of a value no less than that specified in Civil Procedure Code Art. 3982 §1 (unless the scope of the challenge to the arbitration award was for a lesser amount), and 2) in which the subject of the ruling by the arbitration court was (also) non-property/financial rights; the latter may now be the subject of an arbitration clause within the scope provided by Civil Procedure Code Art. 1157.

2. If a party moves to set aside an arbitration award in its entirety and the petition is denied in its entirety by the court, the subject of the appeal from the judgment of the court of first instance and the judgment of the court of second instance denying the appeal will be the same as the subject of the arbitration award.

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