id: 20315

Warsaw Regional Court ruling

dated 6/17 February 1926

Case No. I C N 2991/25

Summary by arbitraz.laszczuk.pl:

An individual, Norbert H., and a department store, E., had entered into an agreement in 1925 under which E. licensed to H. the exclusive rights to screen an American film, The Kid, in Warsaw, but E. allegedly also showed The Kid in a competing cinema, causing H. lost profits.

The agreement included an arbitration clause under which in the event of a dispute the parties would appear before a notary to establish the terms for arbitration and appoint the arbitrators. E. failed to appear in response to the summons by H., so H. filed a petition with the Warsaw Regional Court, naming E. as respondent, requesting the court to specify the terms for arbitration between the parties and appoint the arbitrators and a super-arbitrator.

The court issued an order appointing two arbitrators and one super-arbitrator and framing the issue to be submitted to the arbitration panel for decision.

Excerpt from the text of the court’s ruling:

The defendant’s objection to appointment of a super-arbitrator is not justified by Civil Procedure Law Art. 1370¹, which clearly vests this right with the court, and the arbitrators’ mutual selection of the super-arbitrator is not provided for in the statute.