Published: 2010-06-30

The public policy clause as a basis for refusing to recognise or enforce an arbitration award in Polish arbitration law in the context of comparative law

Maciej Zachariasiewicz

Abstract

The public policy is the commonly recognized reason for which the recognition or enforcement of an arbitral award may be refused. This exception is acknowledged under the New York Convention and it has also been incorporated in the Polish Arbitration Law of 2005. The article examines the public policy exception in the international commercial arbitration, as it is understood in the legal doctrine and applied by the courts around the world. The general conclusion is drawn that courts in the major jurisdictions almost unanimously faithfully apply the policy favoring enforcement and rarely refuse the recognition of the arbitral awards because of the ordre public. The article then examines the public policy exception under the Polish law with a particular emphasis on its practical application by the courts. Under the formula established in the Polish case law, the public policy is violated if the arbitral awards infringes the public order as such, that is the main principles of the organization of the state or the socio‑economic principles prevailing in Poland, defined primary in the Constitution, or the fundamental principles of the various fields of law. An observation is made that when looking at the surface, the Polish courts tend to carefully use the public policy, recognizing its exceptional and narrow character. Nevertheless, the closer look at some of the judgments show that Polish judges have a difficulty in grasping the divergence between the prohibition to go beyond the merits of the case (no revision au fond) and the permitted scope of review when searching for the violations of the public policy.

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Zachariasiewicz, M. (2010). The public policy clause as a basis for refusing to recognise or enforce an arbitration award in Polish arbitration law in the context of comparative law. Problemy Prawa Prywatnego Międzynarodowego (“Problems of Private International law”), 6, 61–114. https://doi.org/10.31261/PPPM.2010.06.03

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Domyślna okładka

Vol. 6 (2010)
Published: 2010-06-30


ISSN: 1896-7604
eISSN: 2353-9852
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

Licence CC Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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