Conversion of state court proceedings into arbitration proceedings
On 1 July 2023, another major amendment to the Polish Civil Procedure Code enters into force. The changes involve general provisions, consideration of the merits, interim relief, enforcement, and arbitration. In this article, we will examine the amendments to Part Five of the Civil Procedure Code—the arbitration chapter.
Should we be preparing for a Russian-Belarusian investment arbitration offensive?
After Russia threatened to expropriate foreign investors withdrawing from that country because of the war with Ukraine started by Russia and Belarus, we have seen an avalanche of commentaries encouraging wronged enterprises to prepare lawsuits against Russia in investment arbitration proceedings.
Is an arbitration clause in a subcontract effective against the investor?
The investor and the general contractor are jointly and severally liable for the subcontractors’ fees. However, this does not automatically mean that the provisions of the agreement between the subcontractor and the general contractor will apply directly to the investor. A particular provision is an arbitration clause determining the method for pursuing claims. If the general contractor and the subcontractor have agreed to arbitration, can the subcontractor pursue the investor in arbitration as well, or must the subcontractor file suit in state court?
How to resolve disputes when the courts are not working?
An interview with Łukasz Lasek and Piotr Golędzinowski from the Dispute Resolution & Arbitration practice on the possibilities of out-of-court dispute resolution, planning in the event of a dispute, and costly traps to avoid.
Professional footballers receive meaningful support in collecting outstanding wages
FIFPro and FIFA have launched a guarantee fund securing the payment of salaries to players unable to enforce judgments against their football clubs. This approach would also be helpful in other sports, as there are growing calls for support for professionals in their dealings with teams and sports federations.
Fee for alternative claims in arbitration
In arbitration, as in proceedings before the state courts, it is permissible to assert alternative claims alongside the principal claim. But there are no express rules on the fees for such claims in the Act on Court Costs in Civil Cases or in the rules and fee schedules of arbitral institutions. This raises the question of how fees should be calculated for alternative claims in the two types of proceedings, and whether the rules are the same.
New Public Procurement Law: Mediation and conciliation at the Court of Arbitration at the General Counsel to the Republic of Poland—good or bad solution?
Under the proposed new Public Procurement Law, in the event of a dispute involving performance of a public contract, amicable resolution of the dispute would be handled by the Court of Arbitration at the General Counsel to the Republic of Poland. But the proposal generates legal doubts.
We also are not the world: International arbitration in the era of Brexit and Donald Trump
International arbitration is often referred to as an area of globalisation par excellence. It is an institution of global civil society. It is living proof that global society can freely govern itself, even in such vital areas as the adjudication of legal disputes, including those involving public and politically sensitive matters.
Cybersecurity for international arbitration
Cybersecurity Protocol for International Arbitration: Three international organisations—ICCA, the New York City Bar Association and CPR—are introducing best practice in protecting against cyber threats.
Online Arbitration Court wishes to be competitive in terms of speed and cost
On 12 February 2019, the Online Arbitration Court (OAC) was launched, intended by the architects to be a ground-breaking development in the Polish judicial system and a revolutionary development for business.
Liechtenstein developing alternative dispute resolution
The Principality of Liechtenstein has been an international financial centre for a long time. Now, due to the Liechtenstein Rules, it has an opportunity to become an international arbitration centre.
An enforcement clause can be issued for a ruling against a bankrupt company
The Polish Supreme Court has confirmed that there is no reason not to confirm that a foreign judgment against a bankrupt company is enforceable, and issue an enforcement clause. Courts of lower instance have ruled out this possibility.