polish

case law

id : 20093

id: 20093

Polish Supreme Court resolution

dated 3 April 1957

Case No. I CO 4/57

Summary by arbitraz.laszczuk.pl:

In light of an earlier ruling by the Supreme Court (dated 10/16 December 1953, Case No. II C 316/53), in which the court held that in a communist system it was impermissible for disputes concerning assets of the State Treasury to be decided by an arbitration court, the Minister of Justice submitted a certified question to the Supreme Court to determine whether an arbitration clause was permissible with respect to disputes between domestic entities of the socialized economy and domestic entities that had not been socialized. The Civil Chamber of the Supreme Court issued an en banc resolution holding that such arbitration clauses were permissible.

Excerpts from the text of the court’s ruling:

1. It is permissible to make arbitration clauses with respect to disputes involving property claims between entities of the socialized economy and non-socialized domestic entities.

2. In Art. 509 and 510 §1(4), the Civil Procedure Code permits a situation in which an arbitration court does not apply governing law, by not carving out any exceptions with respect to the types of parties. But if in its determination the arbitration court committed a violation of mandatorily applicable regulations or principles of social coexistence, such an award would be subject to being set aside (Civil Procedure Code Art. 509 and 510 §1(4)).

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