case law

id : 20033

id: 20033

Polish Supreme Court ruling

dated 1 September 1932

Case No. I C 1018/32

Summary by arbitraz.laszczuk.pl:

Bronisław Z. brought an arbitration against Henryk, Józef and Teresa P. The Warsaw Appellate Court denied enforcement of the award, sought by Bronisław Z., on the grounds that Henryk P. had died after the arbitration was commenced and the award was not signed or announced prior to his death.

On cassation appeal, the Supreme Court of Poland held that upon the death of any of the parties, the arbitration court ceased to exist, and thus the award was unenforceable. Bronisław Z. also claimed that the award was issued before Henryk P.’s death, but the court refused to consider this claim because it was contrary to the factual findings made by the appellate court. The court denied the cassation appeal accordingly.

Excerpts from the text of the court’s ruling:

1. In the event of the death of the claimant or the defendant, the actions of the arbitration court cease, and thus the arbitration court ceases to exist, and any act taken by the arbitrators after the death of a party cannot be regarded as an act of the arbitration court.

2. Cessation of the action of the arbitration court pursuant to Art. 1384(2) of the [former Russian] Civil Procedure Code also occurs when one of several claimants or defendants dies.

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