Wpływ ustaw procesowych państw zaborczych na uregulowanie skargi o uchylenie wyroku sądu polubownego w Kodeksie postępowania cywilnego z 1930/1932 roku
The influence of the procedural laws of the partitioning states on the regulation of the complaint for revocation of an arbitral award in the Polish Code of Civil Procedure of 1930/1932

Summary/Abstract: Following Poland's regaining of independence in 1918, the establishment of its owncourt system and Polish legal regulations was among the most pressing issues that the newstate was confronted with. The result of these activities in the field of civil procedure wasthe Code of Civil Procedure of 1930/1932, which contained in Book Three the regulationof the issue of arbitration courts, including provisions for an action to set aside an arbitralaward. The Codification Commission drew upon the solutions applied in the procedurallaws of the former partitioning states – Austria, Germany, and Russia – in its work. In ad-dition, a number of different views have been expressed in the literature about the scope ofapplication of individual laws. An analysis of the applications of the various legislations tothe regulation of individual provisions of an action to set aside an arbitral verdict makes itpossible to determine that all three abovementioned procedural laws influenced the solutionsapplied by the legislature in the regulation of an action to set aside an arbitral verdict, withthe Austrian procedural law having the greatest significance in this regard.

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