Decision of the Supreme Court (Sąd Najwyższy) of 6 November 2009 No I CSK 121/09 of 23 September 2009

Rationes Decidendi:

Proceedings in respect of an application for the annulment of an arbitral award may be held and a decision may be taken in the case even if it is discovered during these proceedings that the arbitration agreement does not exist, is invalid or ineffective, or has expired under governing law (Article 1206 § 1 point 1 k.p.c. [POL]). The parties may seek annulment of an arbitral award for the above-mentioned reasons.
A decision on an arbitration agreement’s expiry, non-existence, invalidity, ineffectiveness or unenforceability may be taken in proceedings brought by an application for the annulment of an arbitration award only in cases where such a plea [(the expiry of the arbitration agreement etc.)] is lodged by the applicant. In proceedings before a [common] court, the principle that the court is bound by pleas within the limits of the motions brought by the parties applies. The court ex officio takes into account only the factors referred to in Article 1206 § 2 k.p.c. [POL].