Arbitral Digest

Matter

S. joint-stock company v G. AS (Supreme Court of Poland II CSKP 470/22)

  1. 27 October 2022Poland

    27 October 2022Poland

    Ruling of the Supreme Court of Poland in the case II CSKP 470/22 dated 27 October 2022

    Supreme Court of Poland

    Decision summary
    The Supreme Court quashed the Court of Appeal's order that had dismissed the claim on the basis of an arbitration agreement. It held that the Court of Appeal had prematurely found an arbitration agreement without identifying an arbitral tribunal whose jurisdiction was valid, effective, and enforceable, and reserved costs for the final disposition of the case.

    Supporting details

    14 authorities · 6 participants
    S. joint-stock company in S.
    G. AS in B. (Norway)
    Supreme Court of Poland
    Other
    Witness
    A. P.

    Authorities cited

    14
    • Polish Code of Civil Procedure
      statute
    • Polish Civil Code
      statute
    • Constitution of the Republic of Poland
      constitution
    • Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Regulation (EU) No 1215/2012 of 12 December 2012)
      regulation
    • Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters)
      treaty
    • Supreme Court of Poland ruling I CKN 1311/98 (I CKN 1311/98)
      case
    • Supreme Court of Poland resolution III CZP 66/95 (III CZP 66/95, OSNC 1995, No. 12, item 168)
      case
    • Supreme Court of Poland judgment V CK 670/03 (V CK 670/03, OSNC 2005, No. 9, item 162)
      case
    • Supreme Court of Poland judgment II CSK 614/08 (II CSK 614/08)
      case
    • Supreme Court of Poland judgment V CSK 36/10 (V CSK 36/10)
      case
    • Supreme Court of Poland ruling I CSK 354/11 (I CSK 354/11)
      case
    • Supreme Court of Poland ruling II CSK 263/08 (II CSK 263/08)
      case
    • Supreme Court of Poland ruling I CSK 170/17 (I CSK 170/17)
      case
    • Supreme Court of Poland ruling III CKN 259/98 (III CKN 259/98, OSNC 1999, No. 4, item 82)
      case

Matter record

Report a correction

S. joint-stock company v G. AS (Supreme Court of Poland II CSKP 470/22) · Matter