POLAND Trends and Developments Contributed by: Justyna Kucia, Katarzyna Paczuska-Tokarska, Barnaba Skibniewski and Anna Tujakowska, Sołtysiński Kawecki & Szlęzak
Procedural formalism in setting aside awards (III CZP 64/23, 5 July 2024) In a more restrictive interpretation, the Supreme Court held that a motion to set aside an arbitral award must be filed with the competent appellate court within the two-month deadline. Filing with an incorrect court does not preserve the deadline. Since such a motion is a legal remedy not akin to a civil claim, it is subject to strict procedural rules applicable to appeals. The Supreme Court rejected more liberal academic views that filing in any appellate court could suffice, stat - ing that an improper filing results in self-deprivation of access to the court. The Supreme Court stated that “providing a judicial review mechanism is not the same as ensuring its effective use by a party”, underscoring the importance of procedural diligence in arbitration-related litigation.
to examine whether the challenged award was correct from the perspective of substantive law or whether it was issued in accordance with the appropriate proce - dural rules. In that context, the Supreme Court ruled that an arbitral tribunal’s failure to label an award as “partial” in the formal heading did not constitute a breach of public policy. The operative part clearly indi - cated its preliminary nature, rendering the omission a technical defect. Accordingly, the motion to set aside the award was dismissed. Autonomy and expert evidence (II CSKP 2097/22, 12 December 2024) The Supreme Court reaffirmed its pro-arbitration stance by upholding an arbitral tribunal’s decision to rely on a tribunal-appointed expert to determine a price adjustment, even though the parties had con - tractually assigned this task to a third-party auditor. The arbitral tribunal admitted the expert evidence after the claimant had obtained a unilateral audit without the respondent’s involvement. The Supreme Court held that this did not infringe the principle of party autonomy, a fundamental element of Polish public policy.
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