case law

id : 20013

id: 20013

Polish Supreme Court ruling

dated 13 November 1928

Case No. III Rw 1956/28

Summary by arbitraz.laszczuk.pl:

In a case based on the former Austrian Civil Procedure Code, the Supreme Court of Poland held that the relief sought by the claimant in an arbitration case could not be amended without notice to the defendant, and an award issued on this basis was ineffective. The facts of the case were not published.

Excerpts from the text of the court’s ruling:

1. While the arbitration court is not bound in its procedure by civil procedure regulations ([former Austrian] Civil Procedure Code § 587), nonetheless the bounds of the task of the arbitration court must be designated (see [former Austrian] Civil Procedure Code § 595(5)).

 2. In the absence of the defendant (in an arbitration court) the relief sought may not be amended and arbitrarily determined relief granted against the defendant without notice to the defendant. … Such procedure violates the mandatorily applicable rule of [former Austrian] Civil Procedure Code § 587 of the necessity to hear out the parties or give them at least the opportunity of a defence, and renders the arbitration award ineffective ([former Austrian] Civil Procedure Code § 595 (2) and (5)).

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