1. The defectiveness of an arbitration award consisting of violation of the fundamental principles of the legal order (formerly, the rule of law) must be evident from the substance of the ruling. In evaluating whether an arbitration award is inconsistent with fundamental principles of the legal order, the content of the award should be considered, and not the correctness of the procedure before the arbitral tribunal.
2. The principles of civil liability for redress of injury are among the fundamental principles of the legal order in Poland. Under the civil law, and thus in private-law relations, where as a result of various events, particularly actions that are hazardous, or arise out of economic activity or vehicular traffic, as well as transactions, the occurrence of injury is universal in nature and requires legal regulations guaranteeing liability for damages. The regulations in this area are included in the fundamental norms of the law of obligations, and under tort or contract liability may be regarded as making up some of the fundamental principles of the legal order in the state.
Publication date: 14-06-2016 | Case no.: I ACa 197/16Key issues: petition to set aside arbitration award