Glosa do postanowienia Sądu Najwyższego z 16.10.2014 r.
Journal Title: ADR. Arbitraż i Mediacja - Year 2016, Vol 2, Issue 34
Abstract
This article refers mainly to the issue of discontinuance of the proceedings for the exclusion of an arbitrator on the grounds of a previously issued award. The Supreme Court has held that the award does not in itself induce the pointlessness of such proceedings for the exclusion of an arbitrator as had been initiated before a common court before the award was issued. Such exclusion proceedings should therefore continue as pending. Furthermore, exclusion of an arbitrator may answer a preliminary matter for proceedings for the reversal of such an arbitration award. The decision of the Supreme Court disrupted the practice of Polish common courts which would normally discontinue proceedings for the exclusion of an arbitrator upon receipt of information that the arbitration court has already made its award. The importance of this ruling of the Supreme Court lies also in the fact that the Supreme Court confirmed the views of academia which had not been heeded by courts previously.
Authors and Affiliations
Łukasz Wydra
Keywords
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