Poland -- The Supreme Court Judgments and Decisions of Appellate Courts - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s): 

Maciej Durbas

Kuba Gąsiorowski

Kamil Zawicki

Page Count: 

12 pages

Media Description: 

1 PDF Download

Published: 

March, 2015

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Description: 

Originally from Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

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1. An arbitration agreement encompasses not only

the disputes explicitly mentioned in its substantive

scope but also cases relating to these disputes

(Appellate Court of Katowice (Sąd Apelacyjny w

Katowicach) 1st Civil Division, Case No. V ACz

510/14 of June, 2 2014)2

 

Key Words:

domestic arbitration | effect of an arbitration agreement | Polish

arbitration law | scope of the arbitration agreement | state courts

 

States involved:

[POL] – [Poland];

 

Laws and Regulations Applied in Decision:

Kodeks postępowania cywilnego z dnia 17 listopada 1964 r. [Code of Civil

Procedure of November, 17 1964] [k.p.c.] [POL], published in: Dziennik Ustaw

[Journal of Laws] 1964, No. 43, item 296, as amended; Articles: 1165 § 1;3

 

[Rationes Decidendi]:

17.01. An arbitration agreement encompasses not only the disputes explicitly

mentioned in its substantive scope but also cases relating to these

disputes. Consequently, the prohibition of hearing the case by the state

court is applicable also if the determination of the case presented

before the state court and not explicitly covered by an arbitration

agreement is impossible without examining a dispute being the subject
of such an agreement.