This commentary provides a critical assessment of the judgment of the Court of Appeal in Katowice of 13 February 2025, I ACa 547/18, concerning so-called non-existent arbitral awards. It examines the criteria that distinguish arbitral awards from sham acts and argues that applying setting-aside proceedings to documents that are not arbitral awards distorts the system. The commentary advocates for treating such acts as legally non-existent, which better serves legal certainty and the stability of legal transactions.