When planning a reorganisation of corporate form, think about the public procurement consequences
The automatic assumption of contracts that occurs in universal succession doesn’t work in the case of public procurement. The contracting authority must decide on the fate of the contract after verifying the new contractor.
Could brokers also use mediation?
Mediation is becoming a more widely appreciated and applied alternative dispute resolution method. But there are categories of cases where it could be used more often. One of them is disputes between capital market participants, and in particular between brokerages and their clients.
The permissibility of asking witnesses leading questions in Polish judicial and arbitration practice
Whether witnesses can be asked leading questions is a vital issue for fair trials, but is treated inconsistently in Polish litigation practice. Inspiration can be sought from the rules that have worked for years in common-law jurisdictions.
Brexit: what about uniform rules for judicial cooperation in civil cases and the free flow of judgments?
The English courts are among the most commonly selected in the world for resolving disputes. Most cases there are decided under English law, but membership in the EU is one reason for the popularity of English courts. After Brexit, does London have a chance to retain its position as a world leader in dispute resolution?
The owner does not always have to pay the holder for improvements to property
An interesting ruling was issued in a case we were handling. After the independent possessor of real estate turned the property over to the owner, it demanded payment for the expenditures it had made on the property, including construction of a building on the site. But does construction always raise the value of the property?
Rulings by Chinese courts more and more common in cross-border disputes
As the People’s Republic of China becomes an increasingly stronger player on the international scene, it is no surprise that rulings by Chinese courts are being issued more frequently in disputes arising out commercial cooperation with Chinese counterparties. This phenomenon will only grow in importance for European lawyers.
Pledge of Polish receivables under foreign law
Can receivables governed by Polish law be effectively encumbered by a pledge governed by foreign law?
When does the appointment of a member of a supervisory board of a joint-stock company end?
The issue of determining when the appointment of a member of the supervisory board of a joint-stock company ends in connection with the expiration of the term of office has been the subject of doubts and disputes for some time. It was particularly problematic to determine when the appointment ends when the term of office does not coincide with the financial year. The Supreme Court of Poland recently addressed this issue.
Change in rules for the investor’s joint and several liability in the construction process
A simplified procedure for notification of subcontractors, clarification of the rule on the investor’s objection to entrusting part of the work to a subcontractor, and limitation in the amount of the investor’s joint and several liability—all these changes are to go into effect on 1 June 2017.
Will there be lots of whistleblowers? A new antitrust tool for the European Commission
The idea of using whistleblowers to uncover and combat anticompetitive arrangements is spreading ever wider. Recently the European Commission announced introduction of such a tool.
Environmental exploitation fees must be paid by the end of March
Businesses exploiting the environment are required to calculate and pay the relevant fees. The deadline for fees for 2016 is 31 March 2017. Certain exemptions entered into force on 1 January 2017.
Serious changes in Gambling Act
The latest amendment to the Gambling Act enters into force on 1 April 2017. The effective date may be a joke, but the changes are no laughing matter. Will they achieve the intended results?
