case law

id : 20311

id: 20311

Polish Supreme Court ruling

dated 30 May 1930

Case No. III 1 Rw 2368/29

Summary by arbitraz.laszczuk.pl:

A submission to arbitration required the award to be issued by 10 May 1927. There was a panel of three arbitrators, but only two of them were present when the petitioner presented its position. The award was adopted and signed by the panel of three arbitrators before 10 May 1927 but not served on the petitioner until after that date. The appellate court set aside the award on the grounds that the arbitration clause had lapsed because of the failure to serve the award until after 10 May 1927, and because the petitioner was denied the right to be heard by the entire arbitration panel. On review by the Supreme Court of Poland, the court held that the award was issued prior to the deadline and was valid even if it was served on the parties after the deadline. However, the court agreed that the award was invalid because the petitioner was not heard by all three arbitrators. The court denied the review accordingly.

Excerpts from the text of the court’s ruling:

1. The Supreme Court does not share the legal view that because of dispatch and service of a copy of the arbitration award on the plaintiff after 10 May 1927, the award in question should be regarded as not having been issued during the period specified in the submission to arbitration, and thus invalid. Because the award was adopted by all three arbitrators and signed by them prior to 10 May 1927, the award must be regarded as issued on time, regardless of when it was served on the parties.

2. The award in question is invalid because the plaintiff was not heard by all three arbitrators prior to resolution of the case covered by the submission to arbitration.

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