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Dispute Resolution in Poland

Issues and new developments in dispute resolution in Poland.

Changes in the air. Will TTIP change ISDS model?

maciej Posted in Investment Arbitration

On July 8, 2015 the European Parliament approved the recommendation to the European Commission regarding the Transatlantic Trade and Investment Partnership by endorsing the Lange report. In fact, they are guidelines for the European Commission to negotiate with the United States. The approval of these guidelines has taken place with a considerable majority of votes: 436 to 241 with 32 abstentions. It bodes well for the possibility of negotiating the final agreement. Continue Reading

The TTIP, arbitration and copycats

wojciech_s Posted in Investment Arbitration

This week, representatives of the European Commission and the US Government met in New York for the ninth round of negotiations over the proposed trade and investment agreement between the European Union and the United States [http://trade.ec.europa.eu/doclib/events/index.cfm?id=1287]. The agreement will be known as the TTIP. If adopted, it will impact the economies and lives on both sides of the Atlantic, in a way and to an extent we are unable to predict. Continue Reading

Failure of the regulatory model of the 2005 Polish ADR laws: Time for change

morek Posted in Commercial Arbitration

It is ten years since the current Polish mediation and arbitration laws were enacted. Round dates encourage retrospection and thoughts about the future. Just like wine, law needs time to mature. It needs court decisions and doctrine to pull it out of its depths and decode the “proper” sense of the legal norms. But only a select few wines are suitable to drink after numerous years or decades. A 100-year-old bottle of wine sold at auction for an enormous amount might only be used as a collector’s exhibit. Most white wines, due to a lack of antioxidant tannins, must be drunk within 5-10 years of their production date. Law “ferments” even faster. Continue Reading

Why isn’t Poland a member of the Washington Convention?

maciej Posted in Investment Arbitration

I have been bothered with this question for some time. Poland is not a party to the Washington Convention, and I do not mean the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 1973, but the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States, which appointed the International Center for Settlement of Investment Disputes (ICSID). ICSID is an institution which, according to its name, was appointed to resolve and administrate investment disputes. So far, the arbitration panels under the ICSID has handled more than 490 cases. I could not find an answer to the question why Poland is not a party to this Convention. Continue Reading

Is there a revolution coming?

wojciech Posted in Litigation

I have recently received an email containing an offer from a detective agency. I would have probably never looked into the message while searching for evidence of marital infidelity or looking for debtors hiding themselves and their property from creditors were it not for the beginning of the offer: “In connection with the amendment of the Criminal Procedure Code we send an offer …”. What happened that detectives’ services might be particularly useful to advocates in 2015? Continue Reading


wojciech Posted in Litigation

It is a truism that that the Supervisory Board in a company, cooperative or in the structure of another legal person operates collectively. In turn, penal liability is an individual liability. However, it would be a mistake to conclude the issue only with such statements. Continue Reading

Cyberweek 2014: What is new in ODR?

morek Posted in Arbitration

If you were unaware that last week was the Cyberweek 2014, you missed a chance to take part in the 17th annual online conference dedicated to innovations and development in Online Dispute Resolution (ODR). Its program included 17 live webinars, 8 discussion forums and a variety of other activities to discuss the integration of technology and dispute resolution. Continue Reading

The Internet of Things and the future of dispute resolution

wojciech_s Posted in Litigation

Do we wonder about the process of Internet shopping? We choose a product, pay by card, and then matters seem to take care of themselves. The information system of the credit card settlement center communicates with the store, transferring the details on the payment. The store’s information system generates an automatic e-mail, which tells us that the transaction is completed, and then about the product shipment. It also initiates the process of the shipment’s delivery. The involvement of the human factor is often limited to packaging and dispatching of the goods. In B2B contacts, this process is automated to an even higher degree, as even orders are placed in an automatic fashion, based on a computer-based analysis of the inventory. In the near future, the dispatch will be carried out by drones or similar machines. There is even a notion of the “Internet of Things”, which denotes direct communication between computers and machines over the net, and all of this without human involvement. Continue Reading

New excitement in the Big Apple

morek Posted in Litigation

An apple a day keeps the doctor away. Apples are not only healthy but also trendy. However, this article is not about Polish apples (I would like to mention though to our non-Polish readers that Poland is the biggest exporter of apples in the world, and our apples have recently become the basis for political struggle and spontaneous manifestation of patriotism.) The Big Apple (of course New York) is in the news again. Only a month ago, a pilot mandatory mediation program introduced by the Commercial Division in the New York County Supreme Court entered into force. Because Manhattan is associated with everything modern in the western world and a place where trends are created, we should watch this development closely.

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