The professional legal counsel of a party to international arbitration should be expected and required to know not only English, as the language of arbitration, but also the legal culture and customs of the place of arbitration – any omissions in that respect concerning the lack of challenge of arbitrator in a appropraite time – cannot be later cured by reference to the public policy clause.

The public policy clause cannot replace the proper challenge of an arbitrator. However, there are situations in which although a party failed to challenge the arbitrator, the arbitral award will not be enforced in the Republic in Poland on the grounds of the public policy under the provisions of the New York Convention.