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Dispute Resolution in Poland Issues and new developments in dispute resolution in Poland.

Wojciech Wasowicz, Ph.D.

wojciech

Wojciech focuses his practice on litigation in civil and commercial matters and on corporate issues. Mr. Wasowicz also practices criminal law litigation, particularly related to white collar crime, and litigation involving state and local administration awarded contracts or liability for administrative decisions, shareholders’ disputes and disputes related to the performance of construction contracts.

Posts by Wojciech Wasowicz, Ph.D.

The Electronic Surveillance Process

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.

Was this company “punished”?

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… Continue Reading

The Crime of Bid Rigging

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… Continue Reading

ANATOMY OF CHANGES

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… Continue Reading

TAXPAYER, GIVE UP‼!

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… Continue Reading

GRIEF CONTINUES – THERE WILL BE NO ABSOLUTION

Posted in Litigation

The purpose of active repentance in penal and penal-fiscal law is to encourage the perpetrators of prohibited acts to disclose the fact of committing them, to prevent the consequences they may have and to terminate the “contact” with penal law without the conduct of any proceedings and without imposing penalties. The notion of active repentance… Continue Reading

“BEWARE of the THREAT” of penal liability under art. 296 § 1a of the Penal Code

Posted in Litigation

Much was written two years ago about the so-called acts to the detriment of a company described in art. 585 § 1 of the Commercial Companies Code¹, which is no longer valid. It coincided with penal proceedings against a famous businessman and legislative works on the amendment of the aforementioned provision. Lack of clarity and… Continue Reading

Endless proceedings

Posted in Litigation

The efficiency of the procedures for review of commercial matters is often criticized. The meeting of the procedure and bankruptcy however brings problems which can deprive even the most determined to pursue their claim of hope. Additionally, bankruptcy can affect any party to the proceedings and bankruptcy can have a form of either liquidation bankruptcy… Continue Reading

New replaces new

Posted in Arbitration

The Rzeczpospolita newspaper reprinted several days ago comments of the Wall Street Journal warning Europe that it needs a “bankruptcy Union”.  However, this is not a malicious comment on the financial crisis or an allusion to the situation in the Eurozone, but a view that the efficiency of bankruptcy procedures has material economic meaning.  These… Continue Reading

About disputes connected with European funds

Posted in International Disputes, Litigation

It is difficult to negate the importance of so-called European funds for the development of the Polish infrastructure within the last few years. From the point of view of the settlement of disputes, this field is increasingly interesting for two fundamental reasons: as a consequence of the number of contracts carried out with EU support,… Continue Reading

Lost in translation

Posted in Litigation

The civil proceedings before the Polish common courts are conducted in Polish. Unlike in many European countries, Polish law does not allow any second language in the proceedings. Poland is a party to the Hague Convention of November 15, 1965 on the service abroad?? of judicial and extrajudicial documents in civil or commercial matters. As… Continue Reading

A break in the lengthiness of judicial proceedings

Posted in Litigation

Holidays are a time of laziness, slowing down and relaxing. Even though contemporary Polish law doesn’t know the meaning of judicial vacation, in practice one can see the slowing down of the functioning of the courts, which in this exceptional case is probably not causing the parties impatience and aggravation.

A myriad of payments

Posted in Litigation

Court fees seem to be inseparable from the civil procedure. The Polish fee system in civil matters is regulated by the Act on court fees in civil law cases of July 28, 2005. The word “system” seems a bit far fetched here. Having read the Act and after a moment’s reflection, it is hard to… Continue Reading

Out of the frying pan and into the fire

Posted in Litigation

Much information has been recently published in the press regarding the amendment to the Code of Civil Procedure. One of the titles was “Entrepreneur as an ordinary citizen [Polish: „Przedsiębiorca jak zwykły obywatel”]. The article has explained that since May 3, 2012, onerous formalities that have been the curse of entrepreneurs, in particular the so-called… Continue Reading