Supreme Court (Sąd Najwyższy), Docket C III 143/33 as of 16 February 1934

Rationes Decidendi:

A public court was only able to recognize an arbitral award as enforceable in full, or refuse to recognize the award as enforceable, also in full, because it is not the business of a public court, when examining the case of the recognition of an arbitral award as enforceable, to analyze whether and to what extent the grounds for the award are well or ill-founded, and whether and to what extent the position in making the calculation was proven or recognized by the parties, nor to analyze the subject matter of the dispute at all.
The arbitration court may apply Section 319 of the German Code of Civil Procedure, i.e. correct obvious calculation errors, typos, etc. It may not, however, change the subject matter of the ruling once it has been delivered to the parties, unless the parties agree to such change.
Resignation from the mandate is considered to be the declaration of the arbitrators who refuse to fulfill their duties that they withdraw from the contract made with the parties that bound them to resolve dispute.
Pursuant to the declaration of the arbitrators as to their resignation from their mandate and made in the presence of the parties, i.e. as to their withdrawal from the contract on acting as arbitrators, the arbitration agreement is deemed null and void under, Section 1033 of the German Code of Civil Procedure.
In light of a null and void arbitration agreement, the arbitrators who resigned from their mandates have no legal grounds to re-assume their rights and obligations at the unilateral request of the claimant without the consent of the respondent, as they did.