C. v F. sp. z o.o. (Polish Supreme Court II CSKP 440/23)

Procedural record

1. 22 December 2014Arbitration

   22 December 2014Arbitration

   FCC arbitral award dated 22 December 2014

   The Federation of Cocoa Commerce Limited

   Decision summary

   The award ordered F. to pay C. EUR 1,445,237 together with specified interest.

   Participants

   C.

   F. sp. z o.o.

   The Federation of Cocoa Commerce Limited

   2 months and 25 days later · 87 days

2. 19 March 2015Arbitration

   19 March 2015Arbitration

   FCC appellate arbitral award dated 19 March 2015

   The Federation of Cocoa Commerce Limited

   Decision summary

   The appellate arbitral award was recognized in the Polish enforcement proceedings.

   Participants

   C.

   F. sp. z o.o.

   The Federation of Cocoa Commerce Limited

   9 years, 10 months and 5 days later · 3599 days

3. 24 January 2025Poland

   24 January 2025Poland

   Order of the Polish Supreme Court in the case II CSKP 440/23 dated 24 January 2025

   Polish Supreme Court

   Case no.

   II CSKP 440/23

   Decision summary

   The Supreme Court set aside the Kraków Court of Appeal's order in points I, II and IV and remitted the matter in that scope for reconsideration and a decision on the costs of the cassation proceedings. It held that the appellate court had failed to determine the law applicable to the arbitration agreement and had impermissibly decided a restitution application in proceedings concerning enforcement of a foreign arbitral award.

   Participants

   C.

   F. sp. z o.o.

   Polish Supreme Court

   Judge

   Adam Doliwa

   Judge

   Maciej Kowalski

   Judge

   Marcin Łochowski

   Authorities cited

   31

   • Polish Code of Civil Procedure
     statute
   • Polish Act on the Organisation of Common Courts (Act of 27 July 2001 on the Organisation of Common Courts)
     statute
   • New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 10 June 1958)
     treaty
   • Arbitration Act 1996
     statute
   • Polish Private International Law Act of 4 February 2011
     statute
   • Polish Civil Code
     statute
   • Rome I Regulation (Regulation (EC) No 593/2008)
     regulation
   • United Nations Convention on Contracts for the International Sale of Goods, 11 April 1980
     treaty
   • Rome II Regulation (Regulation (EC) No 864/2007)
     regulation
   • Constitution of the Republic of Poland
     statute
   • Charter of Fundamental Rights of the European Union
     treaty
   • Treaty on European Union
     treaty
   • European Convention on Human Rights (Convention for the Protection of Human Rights and Fundamental Freedoms)
     treaty
   • UNCITRAL Model Law on International Commercial Arbitration
     model-law
   • Supreme Court resolution of 23 January 2020 (BSiA I-4110-1/20)
     case-law
   • Constitutional Tribunal judgment of 20 April 2020 (U 2/20)
     case-law
   • Supreme Court order of 28 November 2018 (III CSK 406/16)
     case-law
   • Supreme Court order of 13 September 2012 (V CSK 323/11)
     case-law
   • Supreme Court order of 23 January 2015 (V CSK 672/13)
     case-law
   • Supreme Court order of 3 March 2022 (II CSKP 28/22)
     case-law
   • Supreme Court order of 9 January 1969 (I CZ 3/68)
     case-law
   • Supreme Court order of 10 September 2015 (II CZ 48/15)
     case-law
   • Supreme Court judgment of 11 January 2018 (III CSK 290/16)
     case-law
   • Supreme Court order of 19 November 2013 (I PK 147/13)
     case-law
   • Supreme Court judgment of 8 October 2010 (II PK 37/10)
     case-law
   • Supreme Court judgment of 4 November 2010 (IV CSK 188/10)
     case-law
   • Supreme Court judgment of 17 June 2014 (I CSK 422/13)
     case-law
   • Supreme Court judgment of 10 May 2018 (I UK 110/17)
     case-law
   • Supreme Court judgment of 20 April 2023 (II CSKP 595/22)
     case-law
   • Resolution of the joined Chambers of the Supreme Court of 6 March 1972 (III CZP 27/71)
     case-law
   • Resolution of seven judges of the Supreme Court of 11 July 2012 (II PZP 1/12)
     case-law