1. [S]etting a time limit for the parties to submit evidence motions within an indicated period of time under pain of disregarding late evidence and statements cannot be deemed as an infringement of a party’s right to substantiate their statements.
2. When assessing whether a party was deprived of the opportunity to defend its rights in the proceedings before an arbitral tribunal, one should consider the course of the arbitration proceedings, also bearing in mind that the court is not authorized to review the ruling made on the merits and that in making an arbitration agreement the parties consciously waived submission to the strictures in place for proceedings before a state court.
3. It is not unreasonable to state that by concluding an arbitration agreement, the parties limit their constitutional and conventional right to court.
4. A party is deprived of the opportunity to defend its rights before an arbitral tribunal when the principle of equality of the parties has been violated, one of the parties is not heard and does not have the opportunity to address the evidence or allegations presented by the opposing party. For these reasons, every instance in which an arbitral tribunal refuses to admit evidence sought by a party cannot be equated with the party being deprived of the opportunity to defend itself. This happens only when a party has no opportunity to present and argue for its position. … . An arbitral tribunal is authorized to refuse to admit evidence motions of the parties and such a procedural decision does not constitute grounds to deem that the parties have been deprived of the opportunity to defend themselves.
5. It cannot be assumed that an arbitration award is in breach of the public policy clause only because the arbitration award is not complaint with certain provisions of substantive law.
6. Possible irregularities in application by an arbitral tribunal of Art. 484 § 2 of the PCPC, not leading in themselves to the arbitration award being contrary to the fundamental principles of the legal order, cannot be relevant in proceedings initiated by a petition to set aside the arbitration award… .
Publication date: 28-10-2022 | Case no.: I AGa 332/21Key issues: arbitration agreement, petition to set aside arbitration award