Arbitral Digest

Matter

A. in Switzerland v F. sp. z o.o. (Supreme Court of Poland III CSK 81/17)

  1. 27 July 2015Arbitration

    27 July 2015Arbitration

    FCC Arbitration Award

    Permanent Arbitration Court at the Federation of Cocoa Trade (FCC)

    Decision summary
    The FCC Arbitration Tribunal awarded A. more than EUR 750,000 against F., plus interest, storage costs, and costs of the proceedings.

    Supporting details

    3 participants
    A.
    F. sp. z o.o.
    Permanent Arbitration Court at the Federation of Cocoa Trade (FCC)

    7 months and 23 days later · 238 days

  2. 21 March 2016Arbitration

    21 March 2016Arbitration

    FCC Appeal Award

    Permanent Arbitration Court at the Federation of Cocoa Trade (FCC)

    Decision summary
    The FCC Appeal Tribunal corrected the FCC Arbitration Award, including by reducing the principal amount awarded to approximately EUR 710,000.

    Supporting details

    3 participants
    A.
    F. sp. z o.o.
    Permanent Arbitration Court at the Federation of Cocoa Trade (FCC)

    3 years and 14 days later · 1109 days

  3. 4 April 2019Poland

    4 April 2019Poland

    Order of the Supreme Court of Poland in the case III CSK 81/17 dated 4 April 2019

    Supreme Court of Poland

    Case no.
    III CSK 81/17
    Decision summary
    The Supreme Court of Poland dismissed A.'s cassation appeal from the refusal to recognize the FCC Arbitration Award and declare the FCC Appeal Award enforceable. It held that the parties' contractual references, electronic correspondence, and performance did not establish the written arbitration agreement required by the New York Convention or Polish law, and ordered A. to pay PLN 240 in cassation costs.

    Supporting details

    5 authorities · 5 participants
    Application
    Recognition of the FCC Arbitration Award — Application dismissed
    Application
    Declaration of enforceability of the FCC Appeal Award — Application dismissed
    A. in Switzerland
    F. sp. z o.o. in Z.
    Supreme Court of Poland

    Authorities cited

    5
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958 (Dz.U. z 1962 r. Nr 9, poz. 41)
      treaty
    • Polish Code of Civil Procedure
      statute
    • Polish Civil Code
      statute
    • Constitution of the Republic of Poland
      statute
    • European Convention on Human Rights
      treaty

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A. in Switzerland v F. sp. z o.o. (Supreme Court of Poland III CSK 81/17) · Matter