Arbitral Digest

Matter

D. BVBA v A. limited liability company (Supreme Court of Poland II CSKP 423/22)

D. BVBA v A. concerns a leased prestressed-concrete sleeper production line, an arbitration agreement, and Polish rulings on delivery claims and timing.

  • International commercial arbitration
  • Jurisdiction and arbitration agreements
Industry type
Manufacturing

Procedural record

  1. 3 June 2019Poland

    3 June 2019Poland

    Order of the District Court for Kraków-Śródmieście in Kraków dated 3 June 2019

    District Court for Kraków-Śródmieście in Kraków

    Decision summary
    The District Court for Kraków-Śródmieście in Kraków refused to reject D. BVBA's claim against A. limited liability company for delivery of a complete prestressed-concrete sleeper production line.

    Participants

    D. BVBA in W.
    A. limited liability company in K.
    District Court for Kraków-Śródmieście in Kraków

    3 months and 13 days later · 105 days

  2. 16 September 2019Poland

    16 September 2019Poland

    Order of the Regional Court in Kraków in case XII Gz 574/19 dated 16 September 2019

    Regional Court in Kraków

    Case no.
    XII Gz 574/19
    Decision summary
    The Regional Court in Kraków amended the District Court's order and rejected D. BVBA's claim against A. limited liability company for delivery of a complete prestressed-concrete sleeper production line, holding that the parties had made a valid arbitration agreement covering disputes arising in connection with the production-line lease.

    Participants

    D. BVBA in W.
    A. limited liability company in K.
    Regional Court in Kraków

    3 years, 8 months and 29 days later · 1367 days

  3. 14 June 2023Poland

    14 June 2023Poland

    Order of the Supreme Court of Poland, Civil Chamber, in case II CSKP 423/22 dated 14 June 2023

    Supreme Court of Poland, Civil Chamber

    Citation
    II CSKP 423/22
    Decision summary
    The Supreme Court of Poland dismissed D. BVBA's cassation appeal in the dispute with A. limited liability company concerning delivery of a complete prestressed-concrete sleeper production line. It held that the parties' arbitration clause covering all disputes arising in connection with the production-line lease was valid and encompassed the restitution claim, leaving the Kraków Regional Court's rejection of the claim in place.

    Participants

    D. BVBA in W.
    A. limited liability company in K.
    Supreme Court of Poland, Civil Chamber
    Judge
    Jacek Grela
    Judge
    Kamil Zaradkiewicz
    Judge
    Marcin Łochowski

    Authorities cited

    2
    • Polish Civil Code, Article 355 § 2
      statute
    • Polish Code of Civil Procedure, Articles 256, 391 § 1, 397 § 2, 398³ § 1, 398¹⁴, 1157, 1161 §§ 1–3, and 1165 §§ 1–2
      statute

Matter record

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D. BVBA v A. limited liability company (Supreme Court of Poland II CSKP 423/22) · Matter