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Dispute Resolution in Poland

Issues and new developments in dispute resolution in Poland.

Exclusion of an attorney. Some notes on the development of international arbitration based on the IBA Guidelines, on Party Representation in International Arbitration

maciej Posted in Arbitration

The Guidelines on Party Representation in International Arbitration (“Guidelines”) is a new initiative of the International Bar Association (IBA). The success of the earlier forms, the so-called soft law, in particular the Guidelines on Conflicts of Interest and the Taking of Evidence in International Arbitration has undoubtedly encouraged IBA to prepare the new guidelines. This time, they refer to the rules for representation of a party in international arbitration. Continue Reading

The Crime of Bid Rigging

wojciech Posted in Litigation

Several weeks ago, the media widely discussed the charges of corruption upon award of public contracts for the computerization of several state institutions. As usual, there were publicly discussed detentions, declarations announcing an absolute combating of corruption and information on the so-called developmental nature of cases. Penal proceedings in these matters are definitely pending and the courts are likely to receive future indictments. It is worth having a closer look at the phenomenon commonly referred to as corruption from the point of view of penal liability. Of course, the main crime is bribery, for which are liable both the person giving the bribe and the person accepting it, with the latter often demanding the bribe earlier. However, the list of corruption crimes is longer. It also contains bid rigging, namely tender organizers or participants making arrangements as regards the conditions of the tender, submission or non-submission of bids and in the case of submission of bids, as regards their contents, in particular the price offered. Bid rigging not only applies to tenders held pursuant to the public procurement law but also to private tenders held by those entities not covered by the public procurements system. Continue Reading

ANATOMY OF CHANGES

wojciech Posted in Litigation

Numerous changes affect the law in various fields. Civil and criminal procedures are no exception, but due to their continually unsatisfactory effectiveness, they are changed more frequently than other regulations. Some of the changes relate to one or more articles of the law. However, there are some articles in which much of the text is changed. Therefore, it is clear to an observer of the Polish procedures that in the course of ordinary civil or criminal proceedings, the rules of procedure may change several times. Continue Reading

The principle of equal rights of the parties to arbitration – in light of the decision of the Polish Supreme Court

morek Posted in Arbitration

In a recently published decision of October 19, 2012, no. V CSK 503/11, the Supreme Court expressed a controversial opinion that the equal rights of the parties to arbitration should refer only to the contents of the arbitration agreement and not to organizational elements creating the relevant and necessary organizational and legal infrastructure aimed at ensuring that the parties have the possibility of organizing the relevant composition of arbitrators in individual litigation. Continue Reading

The Paris Meetings with Arbitration – News from the Arbitration Academy

Hubert_Wysoczanski Posted in Investment Arbitration

From 1st to 19th July 2013, the French capital hosted key individuals from the world of international arbitration – the leading representatives of science, arbitrators and other practitioners whose names are associated with landmark arbitration cases and awards. They took part in the International Academy for Arbitration Law program. Continue Reading

TAXPAYER, GIVE UP‼!

wojciech Posted in Litigation

My last post was devoted to the notion of active repentance in penal and fiscal law, with the regret that it is often misunderstood, and even not understood at all in the practice of the prosecution authorities. However, one may ask the following question: if the entity expressing active repentance is sure that its understanding of the penal and fiscal code is correct and if it regards its active repentance as effective, why doesn’t it test its position before the court? Continue Reading

LL.M. in London. An outstanding year.

Tomasz Sychowicz Posted in Uncategorized

The choice of the legal profession requires effort. First, five years of studies – then three years of bar training. And that’s just the beginning. A lawyer’s job is, after all, a constant daily education, from the very first to the last day of practice. Does it therefore make sense to study more? Is it worth spending a year doing an additional masters degree? A lawyer’s answer, as usual, would be: it depends. I tried it, and I recommend it. Continue Reading

Is a quick legislator a good legislator?

agnieszka1 Posted in Litigation

Recent amendments to the Code of Civil Procedure (“CCP”) entered into force on 7 July 2013¹. They are both an example of a good and fast response of the legislature to some of the problems encountered in the practice of the courts and law enforcement agencies and, in part, to effective legislative lobbying from legal circles. However, as is often the case, hurry is not always the best advisor.
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