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Dispute Resolution in Poland

Issues and new developments in dispute resolution in Poland.

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

PENALTY FOR THE BOARD – DOES COLLECTIVE LIABILITY EXIST IN THE PENAL LAW?

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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A call for settlement may no longer be a panaceum for certain important civil law issue

agnieszka1 Posted in Litigation

Conciliatory proceedings (art. 184 and the subsequent articles of the Code of Civil Procedure) are a very useful tool.  Their primary function as foreseen by the legislature is to allow the feuding parties to settle before the court, and thus amicably, without the need to institute time-consuming and expensive litigation. A court settlement is a solution beneficial both to the parties as well as the overburdened common courts. Hence, the symbolic, fixed fee for a motion for a call for settlement (40 zl) and much lower requirements related to such motion.  Continue Reading

The Electronic Surveillance Process

wojciech Posted in Litigation

Due to the continuing prevalence of electronic surveillance (covert listening) in the public and business sphere, as well as in the work of the investigation authorities, frequent discussions are taking place on the legality of eavesdropping and the disproportionate rights of various services to use this method in their operations. Continue Reading

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