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Monika Hartung

Does an insurance contract cover pandemic risks?
The COVID-19 pandemic affects the situation of companies and individuals. Many of them wonder whether they will be able to take advantage of insurance cover they have taken out. The insurance industry is wondering the same thing.
Does an insurance contract cover pandemic risks?
One contract, many doubts: Interpretation of insurance contracts in offshore energy
According to the International Energy Agency, over a fourth of oil and gas supplies today come from the seas. Over the past couple of decades, extraction of natural gas from offshore deposits has risen by over 50%. There is also growing emphasis on offshore wind energy. Ventures of this type are technically complex, often innovative, and consequently costly. That is why fuel companies insure platforms, borings, and drilling equipment. What is important to pay attention to in such insurance policies? How to prepare for a potential dispute?
One contract, many doubts: Interpretation of insurance contracts in offshore energy
Technical improvements in procedure
The amendment of the Civil Procedure Code introduces a few technical improvements to increase the efficiency of proceedings.
Technical improvements in procedure
Fee for alternative claims in arbitration
In arbitration, as in proceedings before the state courts, it is permissible to assert alternative claims alongside the principal claim. But there are no express rules on the fees for such claims in the Act on Court Costs in Civil Cases or in the rules and fee schedules of arbitral institutions. This raises the question of how fees should be calculated for alternative claims in the two types of proceedings, and whether the rules are the same.
Fee for alternative claims in arbitration
Can withdrawals be made from a bank account seized as security?
In disputes under civil law, a party which raises claims can seek injunctive relief from a court prior to commencement of or during proceedings. Injunctive relief is granted for the duration of the proceedings, which means until a final and binding judgment is issued in the case, and can take various forms (for example seizure of receivables on a bank account). If a court grants injunctive relief, then even if the lawsuit is dismissed after several years of proceedings and the injunctive relief ceases to exist, the business might already have gone bankrupt. A motion for permission from the court for specific withdrawals from a seized account could be an important legal remedy for a business whose bank account has been seized.
Can withdrawals be made from a bank account seized as security?
Jurisdiction in cases involving international construction contracts under the recast Brussels I Regulation
In disputes involving cross-border construction contracts, one of the questions to be resolved is jurisdiction. Before joining issue in litigation in Poland, the defendant may assert the defence of the lack of jurisdiction of the Polish courts. Jurisdiction in such cases will be determined by applying the recast Brussels I Regulation. The Wrocław Regional Court recently issued a ruling on application of this regulation in civil litigation involving construction works.
Jurisdiction in cases involving international construction contracts under the recast Brussels I Regulation
More on the confidentiality of arbitration
One of the arguments for submitting disputes to arbitration is the confidentiality of the award, which is important for businesses. But as the case law demonstrates, the state courts do not always get the message about the confidential essence of arbitration.
More on the confidentiality of arbitration
When an arbitration case winds up in state court
Confidentiality, speed and cost control by the parties are usually ticked off as advantages of arbitration. But these go out the window when the state court intervenes in an arbitration case.
When an arbitration case winds up in state court
Is arbitration truly confidential?
When the state court resolves issues related to arbitration proceedings, the hearing should not be public.
Is arbitration truly confidential?
Not all bank guarantees are created equal
Although the bank guarantee is a commonly used form for securing claims, it is one of the most controversial institutions in Polish law. In a dispute, it is essential to analyse thoroughly the documents establishing the bank guarantee.
Not all bank guarantees are created equal
Monika Hartung: Enforcement of foreign judgments in Poland is not a problem
An interview with Monika Hartung, a partner at Wardyński & Partners, who co-heads the firm’s Dispute Resolution & Arbitration Practice, about jurisdiction and choice of law.
Monika Hartung: Enforcement of foreign judgments in Poland is not a problem
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.
Arbitration in Poland