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Dispute Resolution in Poland

Issues and new developments in dispute resolution in Poland.

Poland wins

maciej Posted in Investment Arbitration

The Republic of Poland has won a BIT (Bilateral Investment Treaty) dispute with American investors.  The dispute referred to the disreputable Plasma Fractionation Laboratory (in Polish: “LFO”), the scandal that took place at the end of the last decade.  The judgment is available online at: http://www.italaw.com/sites/default/files/case-documents/italaw3192.pdf. Winning in good style, all claims were dismissed, and the costs awarded exceed $1,200,000 U.S. dollars.  K&L Gates has had the pleasure and honor of representing the Republic of Poland in this matter.  Several reflections have come to my mind based on this judgment. Continue Reading

Wisdom from a fish bar

wojciech_s Posted in Arbitration

I was waiting for a helping of fried cod in one of the countless restaurants scattered along the seafront, when my eyes caught a sign on the wall.  It read something like: “Customers all want to be served quickly, cheaply and well. Unfortunately, we can deliver only two of these things at the same time. Service can be either good and quick, but not cheap. It can be good and cheap, but not quick. It can be quick and cheap, but not good”.

One can smile, but there is a lot of truth in it. The rule applies not only to the frying pan, but also to most other services, tangible or intangible, including legal services and administration of justice. Continue Reading

Was this company “punished”?

wojciech Posted in Litigation

In my last post on the criminal liability of legal persons, I promised to write a few more words about the prerequisites of this liability, procedure of adjudication and possible penalties. For now, it is knowledge that you need to familiarize yourself with for a “just in case” scenario. As I wrote, the criminal liability of legal persons is currently of marginal importance, despite the existence of the relevant laws, but may be “discovered” for budgetary reasons (high fines), socio-political (end of tolerance for white-collar criminals, etc.) The question about punishability should be addressed to individuals. But directing this question to a legal person might also make sense in Polish law. So how should legal persons be punished? Continue Reading

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