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FAQ

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When is it possible to challenge an award by an arbitral tribunal?

 

Recourse against an arbitration award may be made only by a motion to set aside the award, and only if:

• there was no arbitration clause, or the clause is invalid, ineffective or no longer in force under applicable law;
• the party was not duly notified of the appointment of an arbitrator or of the proceedings before the arbitral tribunal, or did not have the ability to defend its rights before the tribunal;
• the award does not concern a dispute covered by the arbitration clause or is beyond the scope of the arbitration clause (but if decisions on matters submitted to arbitration can be separated from the extraneous issues, only the part of the award that contains decisions on matters not submitted to arbitration may be set aside);
• requirements concerning the composition of the arbitral tribunal or basic principles of proceedings before the tribunal, as provided by law or specified by the parties, were not met;
• the award was obtained through a criminal offence or on the basis of a counterfeit or forged document;
• the dispute was already resolved;
• the case was not arbitrable; or
• the award is contrary to fundamental principles of the legal order of the Republic of Poland (the public policy clause).

Any party may file a motion to set aside an award within three months after receipt of the award or a decision concerning a request to supplement, correct or interpret the award, if any (or from the date of discovery of the grounds for setting aside the award, in case of the fifth or sixth point above, no later than within five years).

 

When appropriate and at the motion of a party, a court requested to set aside an award may stay the proceeding to set aside the award for a certain time to give the arbitral tribunal an opportunity to resume the arbitration or take other action that would eliminate the grounds for setting aside the award.