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Home > News > Press news > The court has postponed without a time limit the hearing regarding DPTG motion for the issue of an enforcement clause for Arbitral Tribunal’s verdict. - Orange Polska

The court has postponed without a time limit the hearing regarding DPTG motion for the issue of an enforcement clause for Arbitral Tribunal’s verdict. - Orange Polska

On the 9th of March, Regional Court in Warsaw has postponed the first hearing in the case DPTG vs. TP SA.

DPTG proxies asked for 3 months delay in order to respond to procedural writ prepared by TP SA in which the company argues that no enforcement clause should be issued for Arbitral Tribunal’s verdict as it has many formal flaws and violates Polish legal order. The court has granted DPTG a 3-months delay.

"We have shown the court solid and convincing arguments, and evidence probing that Arbitral Tribunal’s verdict cannot be enforced in Poland. The fact that DPTG asked for a 3 months delay to responed to our claims proves the strength of our arguments” - said Tomasz Nowakowski, TP Group Executive Director in charge of Corporate Affairs.

The ongoing proceeding is the result of the verdict of Arbitration Tribunal in Vienna issued on 24th of August 2010, granting DPTG PLN 1.57 billion with respect to DPTG investment of EUR 17 mln in the construction of NSL fiber optic system built in 1992-93. TP from the very beginning disagreed with this verdict and announced that it would take all possible legal steps while pointing to a number of weaknesses and irregularities during the arbitration proceedings.

Consequently, on the 2nd of December 2010 TP SA lodged an action of annulment against arbitrators decision. This claim will be reviewed by a common court in Vienna.

According to the procedure of an arbitral court, an enforcement clause must be issued for arbitrators verdict to be legally binding within the Polish law. Such clause can be issued by a common court of law.

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