case law

id : 20120

id: 20120

Polish Supreme Court ruling

dated 4 February 1931

Case No. III 1 Rw 2220/30

Summary by arbitraz.laszczuk.pl:

In the published version of this ruling by the Supreme Court of Poland, the facts of the case were not described, and with respect to arbitration issues only the holding set forth below was published.

Excerpt from the text of the court’s ruling:

The deadline under §596 par. 2 of the [former Austrian] Civil Procedure Code for challenging an arbitration award is undoubtedly a preclusive deadline, which is even stricter than a statute of limitations. If in the case of the latter the limitations period is interrupted by filing a petition that is duly supported (Civil Code §1497), then it follows from the nature of a preclusive deadline that failure to support the petition (in the given case) within a period of 3 months results in loss of the right to challenge the award.

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