1. The essence of an action to set aside an arbitration award is to provide a review mechanism respecting on one hand the separateness and autonomy of arbitration, and on the other hand preventing the functioning in legal circulation of rulings by non-state courts infringing the rule of law. A proceeding to set aside an arbitration award does not lead to reconsideration of the merits of the dispute between the parties, but is intended only to verify the applicant’s allegations of the existence of the grounds raised in the application provided for in Civil Procedure Code Art. 1206 §1, and assess whether any of the grounds provided for in Civil Procedure Code Art. 1206 §2 exist, whether or not asserted by the applicant.
2. Depriving a party of the ability to defend its rights before the arbitral tribunal occurs when the arbitral tribunal for example failed to notify the party of the date of the hearing after which the award was announced, when it did not hear out the party at all or give the party the opportunity to submit statements with respect to the matter in dispute. It does not constitute depriving a party of a defence to fail to admit and consider evidence offered by the party, if the arbitral tribunal justifies that procedural decision duly and in accordance with the accepted rules.
3. Violation of the fundamental principles of the Polish legal system may occur in the realm of both substantive law and procedural law, which leads to a distinction between the substantive legal system and the procedural legal system. The fundamental principles of the Polish legal system should be understood to mean constitutional principles as well as the leading principles of other fields of substantive and procedural law; the latter undoubtedly include the principle of the equality of the parties.
Publication date: 07-10-2016 | Case no.: I CSK 592/15Key issues: petition to set aside arbitration award