id: 20542

Kraków Court of Appeal order

dated 28 February 2019

Case No. I AGo 30/18

Summary by arbitraz.laszczuk.pl:

…, a joint-stock company, based in W. filed an application for enforcement of the arbitral award of 17 September 2017 delivered by the Permanent Arbitration Court …, a limited liability company, based in Ł. The arbitration award concerned the dispute between the company, on the one hand, and M. B. and M. D. on the other hand.

The Court of Appeal in Kraków found that the application was well-founded. The wording of the arbitral award gave no grounds for the assessment that point 1 and 2 of the arbitration award was contrary to the fundamental principles of the legal order of the Republic of Poland. Additionally, the arbitration agreement fulfilled the requirements of Art. 1157 of the Polish Civil Procedure Code.

Excerpts from the text of the court ruling:

1. According to Art. 1212 § 1 of the Polish Civil Procedure Code an arbitral award or a settlement made before an arbitral tribunal shall have legal effect equal to a court judgment or a settlement made before a court, upon recognition or enforcement thereof by the court. Confirmation of the enforceability of an arbitral award or settlement made before an arbitral tribunal which is capable of enforcement by way of execution, is made by the proceedings regarding obtaining an enforcement clause for it (Art. 1214 § 2 of the Polish Civil Procedure Code).

2. In the course of the proceedings for recognition or enforcement of an arbitral award, the appellate court does not examine the merits of the claim established by the award, but limits itself solely to finding whether there are no negative prerequisites for recognition or enforcement of an award in the case. Art. 1214 § 3 of the Polish Civil Procedure Code enumerates 3 negative prerequisites justifying refusal to recognize or enforce an arbitration award.