Arbitration curiosities

Supreme Court: partial repeal of an arbitral award is impossible

award dated 6 May 2016  (Case file No. I CSK 305/15)

The Supreme Court found that partial repeal of the award of the Court of Arbitration at the Polish Bank Association is impossible. The Supreme Court: “as an exception, the court may grant a motion to repeal the award of a court of arbitration but only if the appealed portion of the award can be fully separated from the remaining portion of the award, which does not apply to the case at hand.”

Wording of the award:


Privacy Shield: anyone whose right to privacy has been violated may seek arbitration. It is worth noting that a panel of arbitrators will only be authorised to require that the unsuccessful party return, correct or delete personal data, and will not be empowered to award compensation.

Full text of Annex I to the Privacy Shield:

Privacy Shield: since 12 July 2016, new rules have been in place with regard to transmitting information from the EU to the USA. The European Commission approved the EU-US Privacy Shield to replace the earlier Safe Harbour framework.


Did you know: The Examination Arbitration Committee will come into existence in 2017. It represents a response from the Ministry of Education to the concerns and objections of high school graduates who wish to appeal examination board decisions.

First, the Ministry of Education will select more than one hundred arbitrators from among the experts who have submitted their applications. These will include experts in a variety of areas, even though the issue typically concerns biology and chemistry, which are taken into consideration in the admission process for medicine-related majors. The problems will be categorised by level of difficulty: the arbitrator will receive PLN 75 for less complex problems, and PLN 125 for problems of greater complexity. It will not be easy to become a part of this group, since as many as 12 types of certificates will be required.
The Central Examination Board has been tasked with preparing an online platform for the arbitrators.

For more information about the draft Regulation, go to:


This year’s Arbitration Academy Prize winner was Aliki-Athina Papanastasiou of Greece.

The topic of this year’s essay submission: “Should an International Court in charge of the review of arbitral awards be created?”

The winning essay answers the question in the affirmative (sic). It offers an interesting discussion topic.

Full text of the essay available on the AA website:


“The Supreme Court also does not rule on arbitration awards, but does rule on judgments of common courts of appeal, handed down as a result of a complaint against an arbitral award.”

Supreme Court ruling of 7 October 2016 (case file No. I CSK 592/15)

If a party does not demonstrate that a breach of the law or process has occurred in arbitration proceedings, it cannot effectively challenge the award obtained in the course of these proceedings. Common courts do not rule on awards handed down by courts of arbitration.

Press resources:


Please see the speech given by Gary Born at the 2015 Kluwer Arbitration London Event on recent developments in international arbitration.


Status of the International Criminal Court: Burundi, South Africa and The Gambia announced recently that they intended to withdraw from the Rome Statute.

Please see the article posted on the Peace Palace Library website: