case law

id : 20144

id: 20144

Polish Supreme Court order

dated 22 January 1997

Case No. I CKN 48/96

Summary by arbitraz.laszczuk.pl:

B.K. SA brought an action against Zbigniew S. in the Poznań District Court to appoint an arbitrator and presiding arbitrator. The court denied the motion, holding that the arbitration clause between the parties was no longer in force and therefore the motion was moot. The Poznań Province Court affirmed.

The Polish Supreme Court dismissed the cassation appeal, holding that no cassation appeal was available because the order appealed from did not end the proceedings in the case.

Excerpts from the text of the court’s ruling:

1. Because Part 1, Chapter 3 of the Civil Procedure Code, covering the issue of arbitration, does not contain a special regulation on admissibility and deadlines for appellate instruments, the regulations from Chapter 1 will apply as relevant, including among them Civil Procedure Code Art. 392.

2. An order of the province court denying an interlocutory appeal from an order of the district court concerning appointment of an arbitrator and presiding arbitrator may not be regarded as an order ending the proceedings in the case. From the point of view of the proceedings before the state court, the case is ended only by an order ending the proceeding on the petition to set aside the arbitration award (Civil Procedure Code Art. 715), or, as the case may be, an order dismissing the statement of claim because of the existence of an arbitration clause (Civil Procedure Code Art. 199 §1(4)).

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