case law

id : 20306

id: 20306

Warsaw Appellate Court order

dated 6 July 1926

Case No. IC N 89/26

Summary by arbitraz.laszczuk.pl:

One sugar mill, M. SA, filed a motion with the Warsaw Regional Court to appoint arbitrators to hear a dispute with another sugar mill, J. SA. The dispute was subject to an arbitration agreement that did not name the specific arbitrators. J. SA moved to dismiss the motion on the grounds that the motion to appoint arbitrators should be considered by the commercial division of the court. The court overruled the objection, holding that it had jurisdiction to appoint the arbitrators. The Warsaw Appellate Court denied the interlocutory appeal.

Excerpt from the text of the court’s ruling:

This provision [former Civil Procedure Law Art. 13701] that consideration of claims referred to in Civil Procedure Law Art. 1370 shall lie with the court which would have jurisdiction in the event of a judicial dispute should be understood as reiterating the general rule with respect to jurisdiction of the court depending on the amount sought by the plaintiff.

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