While examining the motion to set aside the arbitral award, the state court cannot control the evidential issues of the case; particular, detailed provisions of the Polish Public Procurement Law do not form public policy; if one party does not want to resolve the dispute through the Dispute Adjudication Board, the other party can direct is claim to the arbitral tribunal (Appellate Court of Gdańsk (Sąd Apelacyjny w Gdańsku) 1st Civil Division, Case No. I ACa 550/13 of November, 28, 2013)
Zawicki, Kamil
Durbas, Maciej
Gąsiorowski, Kuba

While examining the motion to set aside the arbitral award, the state cannot control the evidential issues of the case. This is because the recourse proceedings are not the second instance of the same case. Furthermore, particular, detailed provisions of the Polish Public Procurement Law do not form public policy. 

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keywords
arbitration award
annulment of the award
dispute resolution clause
domestic arbitration
judicial review
Polish arbitration law
public policy
recourse against the award
review of the arbitral award
state courts
about the authors

Kamil Zawicki is an attorney and partner at the Polish law firm of KKG Kubas, Kos, Gaertner, heading its “German Desk”. He has broad experience in litigation and arbitration. Mr. Zawicki’s areas of interest are mainly international business commercial law and Mergers & Acquisitions. He is the author of several publications on arbitration, insurance and re-insurance law and corporate law.

e-mail: kamil.zawicki@kkg.pl


Maciej Durbas, associate, KKG Kubas Kos Gaertner – Adwokaci


Kuba Gąsiorowski, associate, KKG Kubas Kos Gaertner – Adwokaci