case law

id : 20058

id: 20058

Polish Supreme Court ruling

dated 27 January 1936

Case No. C II 2123/35

Summary by arbitraz.laszczuk.pl:

In an arbitration proceeding, the panel delegated one of its members to take the testimony of a witness. The arbitrator did not notify the parties of the hearing and did not maintain minutes of the testimony. The testimony of the witness was not mentioned in the justification for the award.

The party dissatisfied with the award brought an action to set aside the award. The Cracow Appellate Court held that the conditions under which the testimony of the witness in question was taken were not grounds for setting aside the award.

On cassation appeal, the Polish Supreme Court affirmed, and denied the cassation appeal.

Excerpt from the text of the court’s ruling:

The arbitration court is entitled to delegate one of the arbitrators to take the testimony of witnesses, and the arbitrator so delegated may take the testimony in the absence of the parties and without recording formal minutes.

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