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FAQ
- Can one obtain documents from the opponent or third parties?
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Polish law does not recognise pre-trial discovery. Moreover, even during proceedings the means of obtaining evidence from third parties or the other party are limited. The court may formally oblige all parties to disclose all documents and other evidence in their possession (in commercial proceedings upon application, and in ordinary proceedings also ex officio if it finds it necessary). However, in case of an unjustified refusal, the court can only fine the refusing third party. The other party to proceedings cannot be forced by the court to submit evidence. The court may, however, take this refusal into consideration while issuing a judgment.
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Easier to amend environmental decisions
It often happens that the plans for a project are modified after a decision on environmental conditions is issued but before issuance of a permit for the project itself (e.g. the building permit). Is it necessary to amend the environmental decision?
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Transfer of environmental permit to acquirer of installation is not the rule
When a company has been issued an environmental permit, e.g. to release particles into the atmosphere, may it freely assign its rights under the permit?
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Arbitration in Poland
Interest in arbitration is growing, due to its effectiveness, professionalism, confidentiality and speed—particularly important benefits for businesses. But the parties do not always take full advantage of the possibilities.
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