case law

id : 20003

id: 20003

Polish Supreme Court ruling

dated 1 June 1926

Case No. R 263/26

Summary by arbitraz.laszczuk.pl:

A party to an arbitration proceeding applied to the Stanisławów County Court to administer an oath to him which was ordered in the arbitration award as a condition for the effectiveness of the award. The court refused to administer the oath at that time because there was a proceeding pending to set aside the award. On appeal, the Stanisławów Regional Court denied the application altogether, holding that it was legally impermissible.

Upon review by the Supreme Court of Poland, the court held that the application must be treated as a request for state court assistance, which had to be denied because only the arbitration court, not a party to an arbitration, is entitled to seek state court assistance. The court denied the review accordingly. The court went on to state, however, that there was no legal barrier to the relief in question, if sought by the arbitration court rather than the party. Although there was no legal basis for issuance of a state court judgment conditional upon submission of a statement under oath, it would not be improper for an arbitration award to be made conditional upon submission of a statement under oath, because the form of the award and the procedure before the arbitration court were not governed by civil procedure regulations.

Excerpts from the text of the court’s ruling:

1. Only the arbitration court, and not a party, is authorized to submit a demand for legal assistance.

2. With respect to the form of the award and evidentiary measures, the arbitration court is not bound by civil procedure regulations.

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