case law

id : 20022

id: 20022

Polish Supreme Court ruling

dated 21 November 1930

Case No. C 291/30

Summary by arbitraz.laszczuk.pl:

In a case before the Supreme Court of Poland, the court held that a procedure for issuing a default award patterned on the procedure for a default judgment is not permissible in arbitration. The facts in the case were not published.

Excerpt from the text of the court’s ruling:

Use of a default procedure patterned on the Civil Procedure Code is impermissible before the arbitration court. Notwithstanding a party’s failure to join issue in the dispute, the arbitration court has a duty to determine and assess the state of facts, and only within those limits may it use the party’s failure to proceed as grounds for accepting disputed facts to be admitted to be true.

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