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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Poland
A party may apply for an arbitral award to be set aside if:

  • there was no arbitration agreement or the arbitration agreement is invalid, unenforceable or no longer effective in accordance with applicable law;
  • the applicant was not given proper notice of the appointment of an arbitrator or of the arbitration, or was otherwise deprived of the right to present its case or respond to the other party’s case before the tribunal;
  • the award deals with a dispute that the arbitration agreement does not cover or contains a decision on a matter that goes beyond the scope of such agreement;
  • the requirements regarding the composition of the arbitral tribunal or the fundamental rules of procedure before such tribunal, as provided for by the law or specified by the parties, were not complied with;
  • the award was obtained by means of an offence or on the basis of a forged or altered document; or
  • a final and non-revisable court judgment has been issued in the same matter between the same parties.

An arbitral award shall also be set aside if the court finds that:

  • the dispute cannot be resolved by arbitration in accordance with the law; or
  • the award is contrary to the fundamental principles of the legal order of Poland (public policy clause).
For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Poland
An application to set aside an award must be filed with the appellate court within two months of service of the award or, if a request for correction or interpretation of the award or for the issuance of an additional award is made, within two months of service of the relevant decision by the arbitral tribunal.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Poland
No, these provisions are mandatory.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law