Arbitral Digest

Matter

C. B.V. v F. sp. z o.o. (Supreme Court of Poland III CSK 406/16)

Case no.
AA4294-AA4297
Applicable rules
FCC Arbitration and Appeal Rules
  1. 19 March 2013Arbitration

    1 year, 9 months and 3 days later · 643 days

  2. 22 December 2014Arbitration

    22 December 2014Arbitration

    FCC Arbitral Award in joined cases AA4294-AA4297 dated 22 December 2014

    Federation of Cocoa Commerce

    Decision summary
    The FCC tribunal awarded C. B.V. EUR 1,445,237 plus interest against F. sp. z o.o. for the difference between the contract and market prices following F.'s failure to perform four cocoa contracts.

    Supporting details

    3 participants
    C. B.V.
    F. sp. z o.o.
    Federation of Cocoa Commerce
    Institutional administrator
    The Federation of Cocoa Commerce Limited

    1 year and 28 days later · 393 days

  3. 19 January 2016Poland

    19 January 2016Poland

    Order of the Regional Court in K. dated 19 January 2016

    Regional Court in K.

    Decision summary
    The Regional Court declared the FCC arbitral award enforceable and recognised the FCC appellate award.

    5 months and 29 days later · 181 days

  4. 18 July 2016Poland

    18 July 2016Poland

    Order of the Court of Appeal in (...) dated 18 July 2016

    Court of Appeal in (...)

    Decision summary
    The Court of Appeal dismissed F. sp. z o.o.'s appeal against the order declaring the FCC arbitral award enforceable.

    2 years, 4 months and 10 days later · 863 days

  5. 28 November 2018Poland

    28 November 2018Poland

    Order of the Supreme Court of Poland in the case III CSK 406/16 dated 28 November 2018

    Supreme Court of Poland

    Case no.
    III CSK 406/16
    Decision summary
    The Supreme Court set aside the Court of Appeal order that had upheld enforcement of the foreign FCC arbitral awards and remanded the matter for reconsideration. It held that the appellate court had not established a coherent factual basis for assessing formation of the arbitration agreement, the applicable law governing that agreement and the authority of F.'s representative, and had not adequately addressed the public-policy objection.

    Supporting details

    17 authorities · 6 participants
    C. B.V.
    F. sp. z o.o.
    Supreme Court of Poland
    Advocate General
    Prosecutor General

    Authorities cited

    17
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Dz. U. 1962.9.41)
      statute
    • Polish Act dated 4 February 2011 on Private International Law
      statute
    • Act of 10 September 2015 amending certain acts to support amicable methods of dispute resolution (Dz. U. 2015 poz. 1595)
      statute
    • Polish Act dated 5 December 2008 amending the Code of Civil Procedure and Certain Other Acts (Dz. U. 2008.234.1571)
      statute
    • Polish Code of Civil Procedure
      statute
    • Polish Supreme Court Order of 24 June 2009 (538/08, OSNC-ZD 2009/4/111)
      case-law
    • II CSK 158/08
      case-law
    • I CSK 347/07
      case-law
    • III CSK 315/07
      case-law
    • III CSK 264/07
      case-law
    • V CSK 352/17
      case-law
    • Polish Supreme Court Order dated 23 September 2010 (III CSK 288/08)
      case-law
    • Supreme Court order of 13 September 2012 (V CSK 323/1, OSNC 2013/4/52)
      case-law
    • Polish Supreme Court Order dated 6 November 2000 (I CSK 159/09, OSNC-ZD 2010)
      case-law
    • V CSK 672/13
      case-law
    • IV CSK 200/06, OSNC 2008/2/25
      case-law
    • V CSK 392/16
      case-law

Matter record

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C. B.V. v F. sp. z o.o. (Supreme Court of Poland III CSK 406/16) · Matter