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Kubas Kos Gałkowski | Poland | 6 Dec 2022

Special rules for hearing commercial cases before state courts in Poland

🕑 6 minutes The proceedings of state courts in Poland in commercial matters have, for many years, been rather unstable. Since 2019, special rules of procedure for commercial matters have applied, although they have been highly criticised. Three years from their entry into force have shown that they have only marginally fulfilled their role.
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Kubas Kos Gałkowski | Poland | 1 Nov 2022

Obtaining information on foreign law

🕑 5 minutes In early 2022, the Supreme Court confirmed the principles of determining the content of foreign law and foreign judicial practice for Polish court proceedings. This new judgment confirms that the court may determine the content of foreign law on its own, but if it is unable to establish the necessary information, it should seek the opinion of an expert or utilise the Minister of......
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Kubas Kos Gałkowski | Poland | 23 Jun 2022

Commercial mediation – mandatory or voluntary?

Where disputes arise between entrepreneurs, mediation makes reaching an agreement quick and relatively inexpensive. It also offers a chance to restore good business relations and thus continue cooperation between contractors. Currently, mediation is voluntary, but this may change due to ongoing legislative works.
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Kubas Kos Gałkowski | Poland | 14 Jun 2022

Rules on limitation of claims are not part of public policy

Defendants often invoke that a claim directed against them is time-barred. A recent decision of the Polish Supreme Court confirmed and further clarified its position that Polish public policy does not cover issues related to arbitral tribunals' application of rules on limitation of claims. This would be interesting enough, but the Supreme Court explained several essential rules on state court......
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Kubas Kos Gałkowski | Poland | 9 Jun 2022

Rules on limitation of claims are not part of public policy

Defendants often invoke that a claim directed against them is time-barred. A recent decision of the Polish Supreme Court confirmed and further clarified its position that Polish public policy does not cover issues related to arbitral tribunals' application of rules on limitation of claims. This would be interesting enough, but the Supreme Court explained several essential rules on state court......
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Kubas Kos Gałkowski | Poland | 7 Jun 2022

Importance of expert opinion for proceedings

In Polish civil procedure, the court may summon one or more experts to give their opinion in cases requiring special knowledge. The role of an expert's opinion is crucial for resolving the case in many proceedings; therefore, the procedural rules regulating these issues are continuously analysed by the courts.
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Kubas Kos Gałkowski | Poland | 10 May 2022

Motion for summons to conciliation session will not interrupt course of limitation period

An amendment to the Polish Civil Code was recently announced. The amendment affects article 121 of the Civil Code, which specifies when a limitation period is subject to suspension. This amendment should be regarded as another step by the Polish legislature to counteract the practice of submitting motions for a summons to a conciliation session for purposes other than to reach a settlement.
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Kubas Kos Gałkowski | Poland | 5 May 2022

Motion for summons to conciliation session will not interrupt course of limitation period

An amendment to the Polish Civil Code was recently announced. The amendment affects article 121 of the Civil Code, which specifies when a limitation period is subject to suspension. This amendment should be regarded as another step by the Polish legislature to counteract the practice of submitting motions for a summons to a conciliation session for purposes other than to reach a settlement.
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Kubas Kos Gałkowski | Poland | 3 Feb 2022

Conflict of interest in corporate disputes arbitration

Corporate disputes have not yet gained momentum on the Polish arbitration market, despite recent legislative amendments. A recent Supreme Court case involving the assessment of a corporate arbitration dispute deserves attention, as it clarified that in the case of a dispute over the control of a company, one centre of interest is not able to appoint two arbitrators – one for the company and......
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Kubas Kos Gałkowski | Poland | 18 Jan 2022

Interim rent reduction due to covid-19 is not easy to achieve

As a result of the covid-19 pandemic, many tenants have taken steps to seek changes to their existing lease terms in court. However, Polish case law indicates that obtaining security for tenants in the form of a rent reduction in the course of such a procedure is not easy. This article discusses case law that provides valuable guidance for the future – both for tenants that would like to......
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