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After Russia threatened to expropriate foreign investors withdrawing from that country because of the war with Ukraine started by Russia and Belarus, we have seen an avalanche of commentaries encouraging wronged enterprises to prepare lawsuits against Russia in investment arbitration proceedings.

“Pharmacies for Pharmacists”: this slogan stands for a landmark amendment to the Pharmaceutical Law which has stirred heated debate. Will recent Supreme Administrative Court rulings cut through the controversy surrounding application of the amendment?

Sometimes, in financing transactions, for various reasons related to the structure of the particular transaction and the commercial arrangements of the parties, atypical assets are offered as collateral for receivables of the financing party. In such situations, the parties need to think about how to select legal instruments to implement commercial collateral arrangements. Investment participation units in a fund are an interesting asset due to the specific statutory regulations.

The effectiveness of pursuing claims for damages for a tort (a wrongful act) often depends on whether the injured party brings an action against a sufficiently wide range of defendants who can be held jointly and severally liable for damages. This range includes those who can be found to have knowingly assisted in causing injury.

In its judgment of 10 February 2021 (case no. I CSKP 33/21), the Supreme Court of Poland considered a cassation appeal by a claimant seeking to prove that it was wronged as a creditor in a fraudulent transfer claim against a third party (governed by Art. 527 and following of the Civil Code). The Supreme Court raised important issues in this debatable decision from the point of view of the safety of participants in commerce, including creditors. Among other things, the court pointed out that the assessment of whether a creditor was harmed within the meaning of Art. 527 §2 is affected by whether the consideration obtained by the debtor was used to satisfy other creditors.

This time Mirella Lechna-Marchewka heading the firm’s Infrastructure and Public Procurement practices, discusses war as force majeure in the context of Russian aggression on Ukraine.

24 February 2022, the day when Russian troops unlawfully invaded the territory of Ukraine, proved to be the beginning of a test of European solidarity, and of the resilience of the European economy. On a macro level, a huge question has arisen: Can the European economy function without eastern markets? At the micro level, businesses are faced with dilemmas of how to deal with counterparties from that region, particularly in the context of existing long-term contracts at an advanced stage of completion.

Poles are eagerly engaged in providing assistance to refugees from Ukraine, including allowing them to stay in their homes. But this raises the concern that providing free access to their home, as a courtesy, might carry some negative consequences for the owner, particularly to carry out a lengthy eviction process if the refugee eventually refused to leave. We believe that in this extraordinary situation the notion of “precarium” could be used.

Over the last few months, the natural gas market in Poland and Europe has been affected by historic price fluctuations, and the situation in Ukraine demands attention to the continuity of gas supplies from abroad. In the context of ensuring security of gas supply to end-users, we point to the potential for introduction of restrictions on natural gas consumption.

For the past two years, public procurement contractors have been forced to invoke force majeure to protect themselves from liability for delays in performance of contracts. We thought everything had been written about force majeure, but the war in Ukraine requires the invocation of force majeure in a different context.