Arbitral Digest

Matter

E. joint-stock company in bankruptcy v S. P. (Supreme Court of Poland III CZP 64/23)

  1. 23 March 2022Arbitration

    3 months and 18 days later · 110 days

  2. 11 July 2022Poland

    11 July 2022Poland

    Order of the Court of Appeal in Łódź dated 11 July 2022

    Court of Appeal in Łódź

    Decision summary
    The Court of Appeal in Łódź found that it lacked jurisdiction under Article 1208 § 1 of the Polish Code of Civil Procedure and transferred the application to the Court of Appeal in Katowice as the proper court.

    Supporting details

    3 participants
    E. joint-stock company in bankruptcy
    Representative
    Bankruptcy trustee of E. joint-stock company (For: E. joint-stock company in bankruptcy)
    S. P.
    Court of Appeal in Łódź

    1 year, 3 months and 14 days later · 471 days

  3. 25 October 2023Poland

    25 October 2023Poland

    Order of the Court of Appeal in Katowice in case V AGa 432/22 dated 25 October 2023

    Court of Appeal in Katowice

    Decision summary
    The Court of Appeal in Katowice referred to the Supreme Court the legal question whether the two-month deadline for an application to set aside an arbitral award is preserved when the application is filed with a different appellate court from the one having territorial jurisdiction.

    Supporting details

    3 participants
    E. joint-stock company in bankruptcy
    Representative
    Bankruptcy trustee of E. joint-stock company (For: E. joint-stock company in bankruptcy)
    S. P.
    Court of Appeal in Katowice

    8 months and 10 days later · 254 days

  4. 5 July 2024Poland

    5 July 2024Poland

    Resolution of the Supreme Court of Poland, Civil Chamber in case III CZP 64/23 dated 5 July 2024

    Supreme Court of Poland, Civil Chamber

    Decision summary
    The Supreme Court held that the two-month deadline for an application to set aside an arbitral award is preserved only when the application is filed with the appellate court territorially competent for the ordinary court that would have heard the dispute absent arbitration, or with the Warsaw Court of Appeal when no such basis exists. It rejected the view that filing with another appellate court preserves the deadline merely because that court later transfers the case.

    Supporting details

    18 authorities · 6 participants
    E. joint-stock company in bankruptcy
    Representative
    Bankruptcy trustee of E. joint-stock company (For: E. joint-stock company in bankruptcy)
    S. P.
    Supreme Court of Poland, Civil Chamber

    Authorities cited

    18
    • Constitution
      statute
    • Polish Code of Civil Procedure
      statute
    • Polish Act of 28 July 2005 Amending the Code of Civil Procedure
      statute
    • Polish Act of 10 September 2015 Amending Certain Laws to Support Amicable Methods of Dispute Resolution
      statute
    • Polish Supreme Court Judgment dated 13 December 1999 (III CKN 478/98)
      case-law
    • III CZP 33/87
      case-law
    • II CZ 183/73
      case-law
    • I PZ 80/65
      case-law
    • Polish Supreme Court Order dated 23 November 2012 (I CZ 169/12)
      case-law
    • Polish Supreme Court Order dated 18 January 2013 (IV CZ 153/12)
      case-law
    • V CZ 118/06
      case-law
    • Polish Supreme Court Order dated 29 November 2001 (V CZ 232/01)
      case-law
    • Polish Supreme Court Judgment dated 13 December 2006 (II CSK 289/06)
      case-law
    • I CSK 464/16
      case-law
    • I CSK 757/17
      case-law
    • Ts 279/10
      case-law
    • I CSK 82/07
      case-law
    • V CSK 301/17
      case-law

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E. joint-stock company in bankruptcy v S. P. (Supreme Court of Poland III CZP 64/23) · Matter