case law

id : 20313

id: 20313

Polish Supreme Court ruling

dated 22 December 1931

Case No. III 1 Rw 1931/31

Summary by arbitraz.laszczuk.pl:

The petitioner sought to set aside an arbitration award on various grounds. The petition was denied by the appellate court. The petitioner then sought review by the Supreme Court of Poland.

The petitioner alleged that the arbitration court denied him a right to be heard because it decided to take the testimony of the parties separately and did not confront each party with the other party’s testimony. The Supreme Court held that this procedure was not required because the arbitration court was not bound by the rules of civil procedure.

Before the Supreme Court, the petitioner challenged the lower court’s refusal to admit witness testimony to explain how much of the award was for principal and how much was for interest. The Supreme Court held that it was in the discretion of the trial court to refuse to admit such evidence because that issue was not before the court.

The petitioner also challenged service of the award, which was made by post. The Supreme Court held that this method of service—whether or not it was reasonable—complied with the terms of the arbitration clause and therefore was effective.

The court denied the petitioner’s review accordingly.

Excerpt from the text of the court’s ruling:

The task of the arbitration court is to hear the parties in order to develop a proper view of the whole case, and it is not necessary to hear the parties when they both present or for them to present mutual testimony, because apart from §§ 598–599 of the [former] Austrian Civil Procedure Code the arbitration court is not bound by civil procedure regulations. It may be persuaded of the truth or falsity of the parties’ claims and allegations according to its own free conviction and does not need to present the parties with their mutual testimony or hear them when they are both present.

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