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31 results found

Article

Kubas Kos Gałkowski | Poland | 27 May 2019

High-efficiency cogeneration support system takes shape

The Act on Promoting Electricity from High-Efficiency Cogeneration recently entered into force. It establishes support mechanisms for combined heat

Article

Kubas Kos Gałkowski | Poland | 23 May 2019

State court not obliged to review arbitral case file

In post-arbitral proceedings, parties challenging an unfavourable award or its enforcement often argue that they were deprived of the right to present

Article

Kubas Kos Gałkowski | Poland | 29 Apr 2019

Violation of articles of association not enough to annul shareholders' resolution

Appealing against shareholders' resolutions is one of the most controversial areas of Polish company law. A recent Supreme Court resolution found that

Article

Kubas Kos Gałkowski | Poland | 7 Feb 2019

State court refuses recognition or enforcement in collusion cases

Parties unhappy with an arbitration award often try to question its enforcement based on public policy, raising numerous violations of law that do not

Article

Kubas Kos Gałkowski | Poland | 6 Sep 2018

Arbitral tribunals must consider all evidence or risk violating public policy

It is a well-established rule that the setting aside of an arbitral award or the refusal of its recognition or enforcement due to a violation of

Article

Kubas Kos Gałkowski | Poland | 19 Jul 2018

Statutory limitations of claims periods excluded from public order

The Supreme Court recently held that the autonomous position of arbitration courts as an alternative to state courts means that the judicial review of

Article

Kubas Kos Gałkowski | Poland | 21 Jun 2018

Supreme Court decides that assignee is bound by arbitration agreement

The assignment of rights and obligations stemming from an agreement forms part of everyday business. This issue can become complicated if a

Article

Kubas Kos Gałkowski | Poland, European Union | 22 Feb 2018

Can arbitrated claims be secured with European account preservation order?

Cross-border debt recovery undoubtedly has a great chance of becoming more efficient following the adoption of EU Regulation 6552014, which

Article

Kubas Kos Gałkowski | Poland | 22 Jan 2018

Shareholders' rights to give binding instructions to limited liability company managers

According to Article 375(1) of the Code of Commercial Companies, the general meeting and supervisory board of a joint stock company cannot give

Article

Kubas Kos Gałkowski | Poland, Global | 21 Dec 2017

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

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

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