Polish, English, or maybe French? What language should aviation contracts be drafted in?
Polish law provides great discretion in choosing the language for contracts. But in regulated industries, such as aviation, this rule may be modified.
Electronic signature doesn’t work in administrative court
Poland’s Supreme Administrative Court has held that under current law it is impermissible to file papers with the administrative courts electronically using a secure electronic signature.
Public procurement: A new approach to amending the law
The Ministry of Economy, in conjunction with the Prime Minister’s Office and the Public Procurement Office, has begun studying the operation of the public procurement system in Poland to develop recommendations for amending the Public Procurement Law.
Prof. Jan Lubiński: We won’t go far without innovation
An interview with Prof. Jan Lubiński, geneticist and researcher into the role of microelements in prevention of cancer, founder and CEO of Read-Gene SA, and member of the Council of the National Centre for Research and Development.
A defective bank guarantee does not constitute a bid bond
The failure to identify the guarantor in the wording of the bank guarantee prevents the contracting entity from recognising the bid bond as properly paid. An error of this type cannot be cured by way of interpretation.
Assignment of receivables as a restructuring tool: A case study
Debt restructuring may be approached using solutions involving an assignment of receivables. In practice, depending on the particular factual situation, assignment may offer an attractive alternative to more traditional restructuring methods.
A criminal case can also be settled
Legal measures for amicable resolution of a criminal case initiated by a creditor to enforce a receivable against assets depleted by the unlawful acts of the debtor.
Corporate restructuring and creditors’ involvement in debtor’s corporate structure
Participation in the authorities of debtor companies gives creditors a greater assurance that restructuring programmes will be properly implemented, but also entails certain burdens, risks and obligations.
Shareholder’s liability for creditor’s loss resulting from subsidiary’s failure to file a bankruptcy petition
The degree to which a company’s creditors are satisfied may depend in large measure on timely filing of a bankruptcy petition. But sometimes the dominant shareholder will pressure the members of the management board to refrain from filing for bankruptcy.
Mirella Lechna: The amendment of the Public Procurement Law is not perfect, but it may improve the position of subcontractors
An interview with Mirella Lechna, the partner in charge of the Infrastructure & Transport and Public Procurement practices at Wardyński & Partners, about the recent amendment of the Public Procurement Law concerning subcontractors.
The definition of subcontracting in public procurement
The Public Procurement Law defines what contracts between parties and concerning what subject matter are regarded as a subcontract, and also provides mechanisms protecting the interests of certain subcontractors.
Subcontracting under the amended Public Procurement Law
The content of a procurement subcontract is shaped not only by the intent of the parties, but also by the Public Procurement Law, the Civil Code, the terms of reference for the procurement, and the actions taken by the contracting authority.
