Supreme Court (Sąd Najwyższy) [POL], Docket V CSK 8/08 as of 11 June 2008

Rationes Decidendi:

The review of the subject matter of the arbitral award by common law is limited to an assessment of whether or not the delivered award infringes any principles of the legal order. The legislature applies the term of “fundamental principles of the legal order” (Article 1206, Section 2, Item 2 of the Code of Civil Procedure), which expressly indicates that we are dealing with such an infringement of regulations in material law that leads to the violation of the principles of the rule of law (law and order), and the delivered arbitral award violates the fundamental legal principles applicable in the Republic of Poland, it harms the governing legal order, and thus violates the systemic, political, social and economic principles.
Fundamental principles of the legal order essentially include the principle of redress for damage. Unarguably, the compensation should match the damage.
Any legal action performed to evade the regulatory prohibition against deducting any claims from a composition arrangement violates the public order clause.