case law

id : 20037

id: 20037

Polish Supreme Court ruling

dated 31 August 1933

Case No. C I 2776/32

Summary by arbitraz.laszczuk.pl:

Mikołaj K. sought enforcement of an arbitration award against Lew K. The Wilno Appellate Court denied the defendant’s motion to set aside the award on grounds that the arbitration court had exceeded the arbitration clause and that one of the three arbitrators had refused to sign the award because the other two arbitrators disagreed with him that there was a need to admit certain additional evidence before issuing an award.

On cassation appeal, the Supreme Court of Poland held that the determination by the appellate court that the arbitration court did not exceed the arbitration clause was a factual issue that could not be reviewed on cassation appeal. The court further held that one arbitrator’s refusal to sign the award because he disagreed with the majority on a procedural or substantive matter was not grounds to set aside the award. The court denied the cassation appeal accordingly.

Excerpt from the text of the court’s ruling:

Lack of a signature on the award by an arbitrator who has been outvoted cannot be grounds for invalidating the arbitration award.

scroll up