case law

id : 20098

id: 20098

Polish Supreme Court resolution

dated 12 October 1960

Case No. 3 CO 21/60

Summary by arbitraz.laszczuk.pl:

An individual who was a party to an arbitration agreement with another individual brought an action in the county court seeking appointment of an arbitrator. The court issued an order appointing an arbitrator. One of the parties sought review of the order by the province court. The province court submitted a certified question to the Polish Supreme Court to determine whether an order appointing an arbitrator was subject to review by the province court. The Supreme Court held that the order did not end the proceedings in the case and therefore no review by the province court was available.

Excerpts from the text of the court’s ruling:

1. No review [by the province court] will lie against an order by the county court appointing an arbitrator pursuant to Civil Procedure Code Art. 492.

2. An interested party will be able to assert its allegations connected with appointment of an arbitrator under Civil Procedure Code Art. 492 in an eventual petition to set aside the arbitration award, which may be filed with the state court in the event of the existence of the defects referred to in Civil Procedure Code Art. 510 §1.

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