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FAQ
civil & commercial practice
- What are the characteristics of the court system in Poland?
- What kind of cases are heard by common courts?
- What do specific courts deal with?
- What is a commercial case?
- What courts examine commercial cases?
- What is the difference between an advocate and a legal adviser?
- Who is a trainee?
- How are fees for legal assistance determined?
- What is the scope of attorney privilege?
- What sort of claims can be pursued before the courts?
- Are claims pursued before the courts limited in time?
- Can the parties change the limitation period in a contract?
- What sort of actions interrupt the running of the limitation period?
- What does compensation cover?
- Can one claim interest and for what period?
- What cases are examined in the summary proceedings?
- When can a court issue a writ of payment?
- How long do proceedings last?
- When does a Polish court examine the case?
- Can the parties choose the law or court?
- Do any actions have to be undertaken before proceedings are instituted?
- Is filing a statement of claim the only way in which proceedings can be instituted?
- What is the proper court for examining a particular case?
- What requirements must a statement of claim meet?
- At what address does the court serve the statement of claim?
- What are the rules on service when a defendant has its registered office abroad?
- How is a foreign statement of claim served in Poland?
- Does a defence have to be submitted?
- What impact on the conduct of proceedings do the parties have and what is the role of the court?
- What evidence can be used?
- Does all the evidence have to be presented at once?
- Do original documents have to be filed?
- Can one obtain documents from the opponent or third parties?
- Who can be a witness and what can he testify about?
- Can one refuse to testify?
- How is a witness examined?
- When is an expert called and who appoints him?
- Can a Polish court hear evidence for foreign proceedings?
- How can one strengthen ones position in the proceedings?
- Who can seek an injunction and when ?
- What should an application for an injunction contain?
- Within what time-limit does a court examine an application for security?
- What is the court guided by when examining the application?
- Can a decision concerning security be changed or revoked?
- How is security enforced?
- Who pays for the costs of proceedings to secure claims?
- Can one secure claims pursued abroad?
- What if there is concern that evidence cannot be taken during proceedings?
- Can evidence also be secured for foreign proceedings?
- How does a party defend itself against the enforcement of an unfavourable court order or decision?
- Can one recover costs of proceedings from the opponent?
- Who incurs costs during proceedings?
- Can one demand security of costs?
- Within what time-limit can an appeal be lodged?
- On what grounds should an appeal be based?
- What happens in second instance proceedings?
- Are court decisions other than judgments appealable?
- In what circumstances and within what timeframe is a final appeal (cassation) accorded?
- In what circumstances can one bring an action for declaration of non-compliance with the law of a final judgment?
- When can a complaint to resume proceedings be filed?
- What can one do when the time-limit for undertaking activities has already passed?
- When is a judgment enforceable?
- When is a judgment final?
- What does immediate enforceability of a judgment mean?
- What can be done when a losing party refuses to voluntarily surrender to a court decision?
- What are the rules of recognition and enforcement of foreign judgments?
- What is ADR and when is it applied?
arbitration
- Where to look for regulations on arbitration?
- What type of law is applied by an arbitral tribunal?
- What requirements should an arbitration clause satisfy?
- What happens if an agreement containing an arbitration clause turns out to be invalid?
- Who can act as an arbitrator?
- Can the number of arbitrators be specified?
- What to do if your opponent refuses to appoint “its” arbitrator?
- Can an arbitrator be dismissed?
- What happens if judicial proceedings are instituted despite the existence of an arbitration clause?
- Can an arbitral tribunal assess the validity of an arbitration clause?
- What are the rules for proceedings before an arbitral tribunal?
- Can the parties determine their own rules for proceedings?
- What type of evidence can be presented before an arbitral tribunal?
- Is it possible to request security in arbitration proceedings?
- What can be done when an award is unclear or contains mistakes?
- What can be done when a court has not made a decision relating to part of a claim?
- When is it possible to challenge an award by an arbitral tribunal?
- What are the rules for enforcement of domestic arbitration awards in Poland, and what are the costs involved?
- What are the rules for enforcement of foreign arbitration awards in Poland, and what are the costs involved?
Litigation News
the law in Poland
publications
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Surcharge for emission of gas and particles into the atmosphere may be disputed
Additional fees are charged for failure to hold a required permit to emit gas or particles into the atmosphere, intake water, or discharge wastewater. May such fees be challenged?
read further -
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Conversion of a sole trader into a capital company
It is now possible for a person conducting business as an individual to convert the business into a single-shareholder company, carrying over most elements of the existing business—except tax breaks.
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The company that swallowed its own tail
When acquiring shares it is important to examine whether either of the parties is a parent or subsidiary of the other. The existence of such ties may significantly restrict the acquirer’s share rights or even prevent effective acquisition of the shares.
read further
Realizacja:
Ideo