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Dr Karol Ryszkowski
ORCID: 0000-0003-2744-3533
Assistant professor at the Department of Civil, Economic and International Private Law, Institute of Law, Cracow University of Economics.
DOI: 10.33226/0137-5490.2021.10.6
JEL: K20, K33, K40, K41

Every lawyer knows the Latin maxim Summum ius summa iniuria. You can pass an arbitral award that is consistent with the law but it is unfair. Public policy is a ground for refusal of recognition and enforcement of arbitral awards, which is inter alia distinguished by the Polish Code of Civil Procedure and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). The institution of ruling on the basis of the principles of fairness and of equality in arbitration proceedings as well as public policy have fundamental importance for the arbitration proceedings, because of their functions. From many years, in the doctrine and in the practice, a number of doubts about the rules of these institutions have been opened. This article aims to attempt to establish a mutual relationship between these two institutions in arbitration proceedings.

Keywords: public policy clause; commercial arbitration; equity; arbitral tribunal; contract law

Assistant professor at the Department of Civil, Economic and International Private Law, Institute of Law, Cracow University of Economics.