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I. The control of the decision of the arbitration court is not an equivalent to the control within the appeal proceedings typical for the state judiciary. The specificity of state judiciary control over arbitration courts' awards causes that a potential breach of substantive law cannot cause per se an arbitrary sentence's revocation, unless that infringement would lead to a violation of the basic principles of the legal order of the Republic of Poland, whereas the faulty interpretation of limitation regulations does not cause a contradiction of arbitration court's decision herewith (Supreme Court (Sąd Najwyższy) Civil Chamber Decision, Case No. I CSK 464/16 of May, 26 2017).
II. There is no legal basis to assume that the special power of attorney for the conclusion of an arbitration agreement is necessary for the effectiveness and validity of the arbitration clause. The exchange of documents in the form of e-mail is sufficient to conclude an effective arbitration clause, irrespective of the fact that it does not meet the requirements of written form under the Polish civil code. According to the principle of separability in international arbitration the issue of authorisation to enter into an arbitration agreement should be analysed separately from the main agreement (Supreme Court (Sąd Najwyższy) Civil Chamber Decision, Case No. V CSK 392/16 of March, 2 2017).
keywords in English:
binding power of state court’s judgments, state courts, polish arbitration law, public order clause, legal form for power of attorney to conclude an arbitration agreement, special power of attorney