Arbitral Digest

Matter

A. in B. (Germany) v M. limited liability company in B. (Supreme Court of Poland II CSKP 1099/22)

  1. 31 May 2018Arbitration

    31 May 2018Arbitration

    ICC partial and preliminary award dated 31 May 2018

    International Court of Arbitration of the International Chamber of Commerce

    Supporting details

    2 participants
    A. in B. (Germany)
    M. limited liability company in B.
    International Court of Arbitration of the International Chamber of Commerce

    5 months and 30 days later · 183 days

  2. 30 November 2018Arbitration

    30 November 2018Arbitration

    ICC final award dated 30 November 2018

    International Court of Arbitration of the International Chamber of Commerce

    Supporting details

    2 participants
    A. in B. (Germany)
    M. limited liability company in B.
    International Court of Arbitration of the International Chamber of Commerce

    4 months and 6 days later · 126 days

  3. 5 April 2019Poland

    5 April 2019Poland

    Direction of the Warsaw Court of Appeal dated 5 April 2019

    Warsaw Court of Appeal

    Decision summary
    The Warsaw Court of Appeal directed the applicant to provide the original or officially certified copy of the arbitration agreement and a certified Polish translation to cure the formal deficiency in the enforcement application.

    Supporting details

    1 authority · 1 participant
    A. in B. (Germany)
    Warsaw Court of Appeal

    Authorities cited

    1
    • Polish Code of Civil Procedure
      statute

    3 months and 4 days later · 95 days

  4. 9 July 2019Poland

    9 July 2019Poland

    Direction of the Warsaw Court of Appeal dated 9 July 2019

    Warsaw Court of Appeal

    Decision summary
    The Warsaw Court of Appeal directed the applicant to submit the agreement containing the arbitration clause together with a Polish translation.

    Supporting details

    1 authority · 1 participant
    A. in B. (Germany)
    Warsaw Court of Appeal

    Authorities cited

    1
    • Polish Code of Civil Procedure
      statute

    1 year, 4 months and 8 days later · 497 days

  5. 17 November 2020Poland

    17 November 2020Poland

    Order of the Gdansk Court of Appeal in case V AGo 4/20 dated 17 November 2020

    Gdansk Court of Appeal

    Case no.
    V AGo 4/20
    Decision summary
    The Gdansk Court of Appeal dismissed the application for recognition and enforcement of the ICC awards because the required original or officially certified copy of the arbitration agreement had not been supplied.

    Supporting details

    2 authorities · 2 participants
    A. in B. (Germany)
    M. limited liability company in B.
    Gdansk Court of Appeal

    Authorities cited

    2
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958
      statute
    • Polish Code of Civil Procedure
      statute

    3 years, 4 months and 26 days later · 1242 days

  6. 12 April 2024Poland

    12 April 2024Poland

    Order of the Supreme Court of Poland in case II CSKP 1099/22 dated 12 April 2024

    Supreme Court of Poland, Civil Chamber

    Case no.
    II CSKP 1099/22
    Decision summary
    The Supreme Court of Poland quashed the Gdansk Court of Appeal order refusing recognition and enforcement of the ICC partial and final awards and remitted the matter for reconsideration, including the costs of the cassation proceedings.

    Supporting details

    16 authorities · 7 participants
    A. in B. (Germany)
    Representative
    S. O. (For: A. in B. (Germany))
    Representative
    A. K. (For: A. in B. (Germany))
    M. limited liability company in B.
    Supreme Court of Poland, Civil Chamber

    Authorities cited

    16
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958
      statute
    • Polish Code of Civil Procedure
      statute
    • Polish Notarial Law
      statute
    • Polish Consular Law
      statute
    • Treaty on the Functioning of the European Union
      statute
    • Directive 77/249/EEC dated 22 March 1977
      statute
    • Polish Act of 5 July 2002 on the Provision of Legal Assistance in the Republic of Poland by Foreign Lawyers
      statute
    • V CSK 257/15
      case-law
    • III CK 510/03
      case-law
    • Polish Supreme Court Order dated 23 January 2013 (I CSK 186/12)
      case-law
    • II CZ 133/74
      case-law
    • Polish Supreme Court Order dated 23 January 2015 (V CSK 672/13)
      case-law
    • I CSK 330/06
      case-law
    • Polish Supreme Court Order dated 13 September 2012 (V CSK 323/11)
      case-law
    • Polish Supreme Court Order dated 28 November 2018 (III CSK 406/16)
      case-law
    • Polish Civil Code
      statute

Matter record

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A. in B. (Germany) v M. limited liability company in B. (Supreme Court of Poland II CSKP 1099/22) · Matter