case law

id : 20130

id: 20130

Polish Supreme Court order

dated 27 June 1984

Case No. II CZ 67/84

Summary by arbitraz.laszczuk.pl:

In 1983, the International Court of Arbitration at the Polish Chamber of Maritime Commerce in Gdynia rendered a final award in favour of a Polish insurance company against the German owners of a ship registered in Germany and against a German insurance company, jointly and severally, in the amount of USD 70,000, and denied other relief sought by the claimant. The respondents did not move to set aside the award.

The claimant filed a petition with the Gdańsk Province Court to set aside the portion of the award denying its further relief. Upon motion of the claimant, the court first issued an order holding that the portion of the award granting the claimant relief in the amount of USD 70,000 was enforceable.

The respondents filed an interlocutory appeal against this order with the Supreme Court, claiming that it was premature because it could not be ruled out that the province court would subsequently set aside also the portion of the award granting relief in the amount of USD 70,000, because the province court could at any time take judicial notice that this portion of the award violated public policy.

The Supreme Court denied the interlocutory appeal, holding that the province court was bound by the relief sought in the claimant’s petition and therefore could not set aside the portion of the award that was not challenged in the petition. The respondents could not move to set aside that portion of the award either (because they had failed to file a petition to set aside the award within the statutory time limit).

Excerpt from the text of the court’s ruling:

The scope of the challenge is set by the party and is binding on the court (Civil Procedure Code Art. 696) when considering an action commenced by a petition to set aside an arbitration award (Civil Procedure Code Art. 712–715).

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