Kubas Kos Gałkowski

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Supreme Court decides on res judicata of arbitral awards

June 9 2016 A recent Supreme Court judgment contributed to the debate on the res judicata (binding power) of arbitral awards on other cases. In its January 20…

Time limits in arbitration agreements

December 17 2015 High thresholds for proceedings set in arbitration agreements, such as short time limits, can have serious consequences, including the loss of an…

ICC award set aside due to irregularities in arbitrator's appointment

December 21 2017 Cases in which an arbitrator must be appointed on behalf of a party have long been problematic. The French Supreme Court in Siemens v Dutco underlined…

Unfair arbitration clause declared invalid

April 27 2017 Mass contracts are usually drafted favourably only for the stronger party in the contractual relationship. This particularly pertains to dispute…

Non-disclosure agreements: an effective tool during negotiations

July 12 2017 To a large extent, the security and success of a transaction depends on the correct execution of the process preceding its finalisation. At the…

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Collection of capacity fee - role of distribution system operator

June 21 2021 On 1 January 2021 the capacity fee came into force. However, the system for its determination and collection is not entirely clear in light of the…

Can a party continue arbitration after assigning the claim?

June 17 2021 The Warsaw Court of Appeals recently determined whether an Arbitral Tribunal violated public policy when it dismissed a respondent's counterclaim that…

Changes to rules for charging e-vehicles

May 17 2021 The Ministry of Climate and Environment has published a draft amendment to the Act of 11 January 2018 on Electromobility and Alternative Fuels and…

Appeals courts confirm procedural public policy violations

April 1 2021 The Polish courts rarely confirm violations of procedural law. In two recent cases, the appellate courts found that procedural errors in arbitration…

Carsharing - shared-use vehicle system in legislative process

March 31 2021 The Ministry of Transport, Construction and Maritime Economy recently prepared a proposal for a legal definition of 'carsharing'. In addition…

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