case law

id : 20312

id: 20312

Polish Supreme Court ruling

dated 30 September 1931

Case No. III 1 Rw 1159/31

Summary by arbitraz.laszczuk.pl:

In an arbitration governed by the former Austrian Civil Procedure Code, the arbitration court issued an award requiring the defendants to transfer certain real estate to persons appointed by the claimants, but made such transfer conditional upon permission for the transfer from the Land Office.

The claimants sought to set aside the award as ineffective because performance of the award was conditional upon approval of the Land Office. Upon review by the Supreme Court of Poland, the court held that this issue went to the merits of the arbitration award and therefore could not be reviewed by the state court.

The petitioners also alleged that the arbitration court had improperly held a hearing in their absence. The petitioners were summoned to an arbitration hearing on 29 September 1928. They refused to appear because it was a Saturday—the Sabbath—and that year also the Jewish holiday of Sukkot. They requested postponement of the hearing to a different date, which was denied. Upon review, the Supreme Court held that there was no legal prohibition against holding an arbitration hearing on a holiday, and the petitioners did not allege that there was any provision to the contrary in the arbitration clause in this case.

The Supreme Court denied the petitioners’ review accordingly.

Excerpt from the text of the court’s ruling:

The issue raised in the review of what will happen if the Land Office refuses permission to acquire the real estate identified in the arbitration award does not fall within the purview of the courts in this dispute, as it concerns the correctness of the arbitration award on the merits, and comprises an allegation of the erroneous assessment of the award, and therefore it cannot justify any of the grounds of ineffectiveness from §595 of the [former] Austrian Civil Procedure Code.

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