Introduction
A violation of public policy is grounds to refuse the enforcement or recognition of an arbitral award (Article V(2)(b) of the New York Convention) and set it aside (Article 1206(2)(2) of the Code of Civil Procedure (CCP)). Public policy encompasses the basic principles of both substantive and procedural law. The Polish courts rarely confirm violations of the latter. In two cases before the Gdansk(1) and Warsaw(2) Courts of Appeal, the courts found that procedural errors in arbitration were grave enough to justify setting aside the awards in question.
Warsaw case
Facts
The claimant initiated a case before an arbitration tribunal specialised in internet domain claims. The claimant argued that the respondent s registration of certain domains violated its trademark.