polish

case law

id : 20246

id: 20246

Polish Supreme Court resolution

dated 4 January 2008

Case No. III CZP 113/07

Summary by arbitraz.laszczuk.pl:

A Polish individual filed a petition against a Swedish company to set aside an award by an arbitration court in Paris (apparently the ICC). The petition was denied by the regional court and an appeal followed. The appellate court presented a certified question to the Supreme Court concerning whether the separate procedures for commercial cases under the Polish Civil Procedure Code (including the rule that evidence is precluded if not presented when filing the petition or the response to the petition) apply in a proceeding upon a petition to set aside an arbitration award.

Excerpts from the text of the court’s ruling:

1. The subject of a proceeding [upon a petition to set aside an arbitration award] is a petition through which a party challenges the ruling of an arbitration court. The state court does not reconsider the case that was submitted to the arbitration court for decision and does not review the correctness of the award in terms of its compliance with provisions of substantive law or the correctness of the factual findings serving as the basis for the ruling. The proceeding does not have to do with a claim to be tried in the sense of an adversary proceeding, but rather with setting aside an award determining a specific legal status between the parties, and the petition shall contain a justification of the statutory ground the existence of which will result in setting aside the arbitration award.

2. The legal nature of a petition to set aside an arbitration award, framed in this way, means that the claim submitted to the arbitration court for decision is irrelevant to the petition and to the proceeding commenced as a result of filing the petition. Beyond the issue of the jurisdiction of the court (Civil Procedure Code Art. 696), it is irrelevant whom the dispute is between and over what, whether the matter submitted to the arbitration court for decision is in the nature of a commercial case, or an employment case, within the meaning of the Civil Procedure Code, or whether, if the case had been filed in a proceeding before the state court, it would be heard in a proceeding for order of payment, or under a summary or simplified proceeding. In consequence, the claim which the arbitration court ruled on in the award being challenged cannot determine what regulations are applicable in the proceeding upon a petition to set aside the award.

3. Regulations concerning separate procedures in commercial cases do not apply in a proceeding upon petition to set aside an arbitration award.

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