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Poland: How far can an arbitral tribunal go if they consider the contract inequitable?

  • Publication Name: Blog
  • Publication Name Index: Blog

Analysis of the judgment of the Polish Supreme Court of 28 March 2017, case file no. II CSK 444/16, in which the Supreme Court had to answer the question of whether public policy of Poland requires arbitral tribunals to uphold contracts irrespective of any circumstances, or whether arbitral tribunals may abandon this obligation if they view the contract as inequitable.