Arbitral Digest

Matter

A v B (Supreme Court of Poland II CSKP 283/24)

Case no.
SA 191/15
Applicable rules
Arbitration Rules of the Arbitration Court at the Polish Chamber of Commerce in Warsaw
  1. 8 July 2019Arbitration

    8 July 2019Arbitration

    Preliminary arbitral award of the Arbitration Court at the Polish Chamber of Commerce in Warsaw in SA 191/15

    Arbitration Court at the Polish Chamber of Commerce in Warsaw

    Decision summary
    The award determined A.'s responsibility for specified contractual non-conformities, including the explosion and fire of the Recycling Line on 27 March 2014, while reserving all claims and costs for the final award.

    Supporting details

    2 participants
    B. joint-stock company in K.
    A. in K., Germany
    Arbitration Court at the Polish Chamber of Commerce in Warsaw

    1 year, 8 months and 10 days later · 619 days

  2. 18 March 2021Poland

    18 March 2021Poland

    Judgment of the Warsaw Court of Appeal in the case VII AGa 773/19 dated 18 March 2021

    Warsaw Court of Appeal

    Case no.
    VII AGa 773/19
    Decision summary
    The Warsaw Court of Appeal granted A.'s application to set aside the arbitral award in the scope of point five, holding that the award's form and determination of responsibility violated Poland's fundamental public-order principles.

    Supporting details

    2 participants
    A. in K., Germany
    B. joint-stock company in K.
    Warsaw Court of Appeal

    3 years, 6 months and 1 day later · 1281 days

  3. 19 September 2024Poland

    19 September 2024Poland

    Judgment of the Supreme Court of Poland in the case II CSKP 283/24 dated 19 September 2024

    Supreme Court of Poland, Civil Chamber

    Case no.
    II CSKP 283/24
    Decision summary
    The Supreme Court allowed B.'s cassation appeal, quashed the Warsaw Court of Appeal judgment in its entirety, and remitted the case for reconsideration. It held that the arbitral award was a preliminary determination within the parties' payment dispute and did not violate the fundamental principles of Poland's public order.

    Supporting details

    9 authorities · 5 participants
    A. in K., Germany
    B. joint-stock company in K.
    Supreme Court of Poland, Civil Chamber

    Authorities cited

    9
    • Polish Code of Civil Procedure (art. 1206 § 2 pkt 2 in conjunction with art. 1197 § 1 and 2 and art. 1201 k.p.c.)
      statute
    • Polish Code of Civil Procedure (art. 378 § 1 in conjunction with art. 387 § 2¹ pkt 2, art. 1207 § 2 and art. 1206 § 1 k.p.c.)
      statute
    • Polish Code of Civil Procedure (art. 1206 § 2 pkt 2 in conjunction with art. 1206 § 1 pkt 3 and art. 1184 § 1 k.p.c.)
      statute
    • Polish Code of Civil Procedure (art. 1206 § 2 pkt 2 in conjunction with art. 350 § 1 and 3, art. 1207 § 2 and art. 1201 k.p.c.)
      statute
    • Polish Code of Civil Procedure (art. 350 § 1 and 3 in conjunction with art. 1207 § 2 k.p.c.)
      statute
    • Polish Code of Civil Procedure (art. 1206 § 2 pkt 2 in conjunction with art. 1184 § 1 and 2 and art. 321 k.p.c.)
      statute
    • Polish Code of Civil Procedure (art. 1206 § 2 pkt 2 in conjunction with art. 1212 § 1 and art. 1214 § 1 k.p.c.)
      statute
    • Supreme Court of Poland judgment II CSKP 48/22 (II CSKP 48/22)
      case-law
    • Regulations of the Arbitration Court at the Polish Chamber of Commerce in Warsaw
      rules

Matter record

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A v B (Supreme Court of Poland II CSKP 283/24) · Matter