The Polish public policy includes not only the principles of freedom of contract and pact sunt servanda but also rules that limit the freedom of contract – such as principles of contract fairness. In practice, courts more often set aside arbitral awards due to their contradiction with the rules of public policy that limit the principle of freedom of contract than due to the violation of this very principle or the principle of pacta sunt servanda (Supreme Court (Sąd Najwyższy) Civil Chamber Decision, Case No. V CSK 45/13 of February, 13 2014)

The Polish public policy includes the principles of parties’ autonomy and pacta sunt servanda. These rules are, however, not absolute. Under Article 3531 of  of the Civil Code, the parties’ autonomy and pacta sunt servanda are limited by the nature of the legal relationship, statutory provisions and principles of social coexistence. Therefore, the Polish public policy contains also rules that provide for limits of those two principles.

Those “limiting principles” include in particular: the principle of freedom of economic activity, the principle of contractual fairness, the principle of compensatory nature of damages.

keywords
arbitration award
domestic arbitration
public policy
setting aside of an arbitral award
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