The public policy clause as the general clause in commercial arbitration in the Polish law in the context of the principles of social coexistence

• Karol Ryszkowski ^[1]
  1. [1] Cracow University of Economics
• Localización: Cadernos de dereito actual, ISSN-e 2386-5229, ISSN 2340-860X, Nº. 13, 2020, págs. 10-19
• Idioma: inglés
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• Resumen

  • This article is attempting to aid in defining the concept of public policy clause and its meaning in the commercial arbitration in the Polish law. Complete understanding of a particular legal institution is usually possible by delimiting it from other similar legal categories. The issue of general clauses is, on the one hand, one of the issues inherent in the substantive civil law and, on the other hand, in the notion and meaning of the public policy clause in the commercial arbitration. The works of legal academics present various theoretical approaches to the nature of general clauses. It is proper to start the attempt at defining the exceptional general clause – that of public policy – with examining the norms of civil law, which particularly oftentimes refer to other general clauses, including the principles of social coexistence, which has major place in Polish legal system.