Polish Supreme Court order
dated 24 October 2019
Case No. V CZ 64/19
Summary by arbitraz.laszczuk.pl:
The Internet Domains Arbitration Court at the Polish Chamber of Information Technology and Telecommunications issued an award on 8 September 2017 in the case brought by S., a limited liability company, based in A. (Israel) with the participation of B. B.
A petition to set aside the arbitration award was brought by B. B. on 8 October 2018, but the Appeal Court decided to dismiss it in the order of 27 May 2019, because it was filed in excess of the prescribed time limit.
As a result, B. B. filed a complaint to the Polish Supreme Court in which it claimed that Art. 130 § 1 in connection with Art. 13 § 2 of the Polish Civil Procedure Code (the ”PCPC”), Art. 1208 § 1 and Art. 232 sentence 2 of the PCPC had been infringed. Therefore B. B. demanded that the contested Appeal Court order be reversed.
The Polish Supreme Court set aside the contested order and decided that the Court which was to deliver the final judgment in the case should decide on the costs of proceedings.
The Polish Supreme Court found that the submission of B.B. was a petition to set aside the arbitration award. However, it was impossible to state clearly and unequivocally what the object of the complaint was and what the complainer’s demands were. B. B. claimed at the beginning of the submission that “The submission concerns case file no. I ACo (…) of the Appeal Court in (…) and I AGz (…) of the Appeal Court in (…)”. Then in the same submission B. B. referred to the ruling of 2 February 2018 and stated that “All of my submissions concerning lack of my approval for keeping judgment I ACo (…) should be treated as a complaint against the Court order.” At the same time, in point I of the submission, B. B requested for “action to be taken ex officio and for recognition of these circumstances as sufficient to file a petition to set aside the arbitration award.” Therefore there were no grounds to challenge the view of the Appeal Court that in the submission of 8 October 2018 the complainer demanded the arbitration award to be set aside. However, this did not mean that the aforementioned submission was limited only to this request. The assessment of this issue goes beyond the scope of the considered complaint.
The Polish Supreme Court found that Art. 1208 § 1 of the PCPC had been infringed in the case. In the reasoning of the contested judgement, the Appeal Court quoted only a part of this provision, specifying the time limit for filing a petition to set aside an arbitration award. However, the Appeal Court omitted findings and assessments that the grounds for rejection of the petition brought after the lapse of 2 months from the date of delivery of the judgment existed. For these reasons the Court of Appeal’s finding that the complaint contained in the submission of 8 October 2018 had been “undoubtedly” submitted after the time limit was without a sufficient basis.
Excerpt from the text of the court’s ruling:
Art. 1208 § 1 of the Polish Civil Procedure Code stipulates that if an application for interpretation of an award is submitted, a petition to set aside the award may be filed only within 2 months after service by the arbitral tribunal of the ruling on the application.