Supreme Court (Sąd Najwyższy), Docket No. I CSK 535/09 as of 9 September 2010 Case No. I CSK 535/09

Rationes Decidendi:

A challenge to an arbitral award is an extraordinary means of appeal used to annul the decision, should it be justifi ed by at least one of the grounds exhaustively set out in Article 1206 of the Code of Civil Procedure.
A common court examining the challenge is bound by the grounds pled by the claimant. It only ex offi cio considers two grounds defi ned in Article 1206, Section 2 of the Code of Civil Procedure, i.e. the inability of the arbitration court to resolve a dispute and the conflict of arbitral award with fundamental principles of the legal order of the Republic of Poland.
The review of an arbitral award as to a conflict thereof with the fundamental principles of the legal order only refers to the contents thereof, and not to the regularities of arbitration proceedings or the composition of the arbitral authority [...]. An arbitral award may be annulled on grounds of the legal order clause in the event it is decided that the contents thereof include results that are not in compliance with a regulatory norm considered as one of the fundamental principles of the
legal order applicable in Poland. [...] Th ese principles include not only constitutional principles, but also guiding principles of individual bodies of law.
Requirements for persons acting as arbitrators should go hand in hand with the right of the party to the proceedings to be notifi ed of all possible links of such  persons to subjects involved in the proceedings. It is at the discretion of the party to the proceedings to judge such circumstances as the grounds for appointing an arbitrator or for asking for the exclusion thereof. The self-assessment of the arbitrator is irrelevant, since the essence of diligent proceedings lies in the external judgment of other subjects. [...] Th e fundamental principles of legal order also include, as defi ned in Article 45, Section 1 of the Constitution of the Republic of
Poland, the right to a trial, which entails the right of a party to have their case examined by an independent court in fair proceedings.