Brak możliwości uznania orzeczenia zagranicznego sądu powszechnego oddalającego skargę o uchylenie wyroku sądu polubownego – glosa do postanowienia Sądu Najwyższego z 6.11.2009 r.
Journal Title: ADR. Arbitraż i Mediacja - Year 2018, Vol 4, Issue 44
Abstract
The Supreme Court issued a decree which states that a verdict of a foreign court which removes a petition for the reversal of an award of a court of arbitration is not liable for recognition based on the article 1145 § 1 of the Code of Civil Procedure. The gloss discusses the verdict of the Supreme Court in a wider context of a worldwide discussion in regard to possibility of accepting foreign verdicts of common courts of law which reverse an award of a court of arbitration (so-called awarding judgment). In the author’s opinion, the Supreme Court accurately – in defiance of a dominating tendency in judicature of other countries – rejects a possibility of a privileged creditor to use awarding judgment. Moreover, settling of the Supreme Court has a wider meaning. It seems to result in not recognizing foreign verdicts of which the subject is recognition or affirmation of executability of an arbitration order. The accepted standpoint limits a possibility to use techniques, such as forum shopping and excessive harassment of a debtor. It also supports autonomy of arbitration orders by making them separate from evaluation made by court of the place of arbitration. Evaluation whether certain arbitration order qualifies to recognition or execution should be up to a court from the country of recognition or execution. There are no reasons for that court to be constricted with previous rulings of courts where the arbitration took place.
Authors and Affiliations
Maciej Zachariasiewicz
Keywords
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