case law

id : 20007

id: 20007

Polish Supreme Court ruling

dated 18 May 1927

Case No. C 90/26

Summary by arbitraz.laszczuk.pl:

The holder of an arbitration award issued in Poland in Yiddish applied for a writ of enforcement for the award. The Wilno Appellate Court held that a writ of enforcement could not be issued for the award because the award was not issued in the official language of the Polish courts.

On cassation appeal, the Supreme Court of Poland held that there was no requirement for an arbitration award to be issued in Polish in order for a writ of enforcement to be issued for the award. It was necessary to submit a certified Polish translation of the award, which would then be the basis for issuance of a writ of enforcement in Polish. The court vacated the decision of the appellate court accordingly and remanded the case for reconsideration.

Excerpts from the text of the court’s ruling:

1. An arbitration court is not a state institution, but operates on the basis of an agreement by the parties ([former Russian] Civil Procedure Code Art. 1367), and thus the regulations on the official language, in force in state offices, do not apply there.

2. For an award written by the arbitration court in a foreign language, in order to obtain a writ of enforcement, which must be issued only in Polish, it is necessary to submit a duly certified translation, which will serve as the basis for the judicial actions connected with issuance of a writ of enforcement and enforcement of the award.

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