Matter

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

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.
Supporting details
2 participants
C.
F. sp. z o.o.
The Federation of Cocoa Commerce Limited
Mentioned in Supreme Court order
2 months and 25 days later · 87 days
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.
Supporting details
2 participants
C.
F. sp. z o.o.
The Federation of Cocoa Commerce Limited
Mentioned in Supreme Court order
9 years, 10 months and 5 days later · 3599 days
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.
Supporting details
31 authorities · 5 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
Direct Supreme Court order

C.

F. sp. z o.o.

The Federation of Cocoa Commerce Limited

C.

F. sp. z o.o.

The Federation of Cocoa Commerce Limited

C.

F. sp. z o.o.

Polish Supreme Court