1. It should be noted that according to Art. 1207 § 1 and 2 of the PCPC, the provisions governing an appeal shall apply accordingly to a petition to set aside an arbitral award, with modifications resulting from title VII part V of the Polish Civil Procedure Code. Although it is a form of review, a petition is not, however, an appellate instrument, as unlike in appellate proceedings, the role of the state court is not to reconsider the case resolved by the arbitration award, applying the provisions of substantive and procedural law. In the proceedings before a state court initiated by a petition, the court does not examine whether the arbitration award is contrary to substantive law or is grounded in the facts cited in the award, or whether these facts were properly established. The state court considers the case only from the perspective of the grounds for setting aside the award and evaluates the soundness of the petition only in the light of the grounds set forth in Art. 1206 § 1 and 2 of the PCPC, considering at its own initiative only the grounds set forth in Art. 1206 § 2 of the PCPC. A violation of general provisions of civil procedure law or overriding principles of civil procedure may serve as grounds for setting aside an arbitration award only if it results in violation of fundamental principles of the legal order of the Republic of Poland or principles of social coexistence. A violation of overriding principles in force in the Republic of Poland may result – if it is to constitute grounds for setting aside an arbitration award – in an infringement of the substantive law … .
2. [B]y entering into an arbitration agreement, the parties consciously waived submission to the strictures in place for the proceedings before a state court, including some procedural guarantees in such proceedings. Unlike a state court, an arbitral tribunal considering cases does not need to strictly apply the provisions of substantive law, but may also base its ruling on the principles of equity or rule on the basis of general principles of law. Consequently, review by the state court of awards made by arbitral tribunals is limited to the instances strictly defined by the law … .
3. [E]xamination of a case with respect to the grounds for setting aside an award under Art. 1206 § 2 point 2 of the PCPC may not proceed beyond aggravated violations of law, and the parties cannot challenge an arbitration award when such an award was delivered after properly conducted proceedings, but does not satisfy their expectations. A petition is possible only when it has been demonstrated that an arbitration award violates the fundamental principles of the Polish legal order … .
4. The public policy clause on the ground of Art. 1206 § 2 point 2 is commonly identified with fundamental constitutional principles and overriding principles of specific areas of law, including civil, family and procedural law. An arbitration award may be set aside on the basis of a public policy clause if such an award is found to be contrary to a specific, absolutely binding norm which is included in the aforementioned principles. In the case-law of the Polish Supreme Court … it was for example indicated that the fundamental principles of the Polish legal order include, among other things: the principle of freedom of the will of the parties in civil law, the pacta sunt servanda principle and the principles setting limits of the freedom to form contracts and consequently the limits of the pacta sunt servanda principle, as well as the principle of freedom of business activity, the principle of contractual justice and the principle of compensatory nature of liability for damages … .
5. The principle of being bound by a state court when the court rules, expressed in Art. 321 § 1 of the PCPC, is not one of the fundamental principles of the Polish legal order within the meaning of Art. 1206 § 2 point 2 of the PCPC … . The principle of being bound by a state court when the court rules is not of an absolute character, because in the PCPC there are provisions which oblige a state court to rule on issues not covered with a prayer for relief.
6. Except for the fact that the principle expressed in Art. 321 § 1 of the PCPC is not of an absolute character, also … its limits were subject to amendments made by the legislator … . Therefore, the prohibition of ruling above a prayer cannot be deemed as one of the fundamental principles of the legal order of the Republic of Poland, because it is not an absolute, stable and permanent principle. First fulfilment of these criteria justifies inclusion among the principles of fundamental principles.
7. [The principle of adversariality], undoubtedly very essential in civil procedure, is not of an absolute character – it is limited, for example, in proceedings regarding juveniles and in proceedings in labour law matters. The model of civil suit based on the principle of adversariality was also subject to many amendments. This principle is not characterized by permanence and stability, which – as it was indicated above – is relevant for the fundamental principles of legal order … .