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Force majeure and civil-procedure deadlines
Does the COVID-19 epidemic constitute force majeure interrupting the running of time limits on all claims? This is a vital issue for persons for whom time limits are expiring before entry into force of the planned statutory suspension of limitations periods.
Force majeure and civil-procedure deadlines
“Flattening the curve” of post-pandemic disputes
Justice systems around the world will soon be exposed to the same pressure as is currently crushing healthcare systems in the wake of the Covid-19 pandemic. What can judges and advocates do to “flatten the curve” and increase the resilience of the justice system as it awaits the post-pandemic wave of disputes?
“Flattening the curve” of post-pandemic disputes
Litigation financing in times of pandemic
One of the more serious consequences of the pandemic will be a wave of business litigation. However, strong arguments and credible evidence are not enough to win a dispute. It also takes resources to pursue a lawsuit, and soon that may be particularly difficult to come by.
Litigation financing in times of pandemic
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
Changes in civil procedure: High hopes, some difficulties
An overhaul of Polish civil procedure was published on 6 August 2019. The amending act partly entered into force on 21 August, but most of the new rules apply from 7 November. What can we say so far about the new rules, what should be expected, and what are the worries?
Changes in civil procedure: High hopes, some difficulties
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
New jurisdiction of the courts in certain cases
While focusing on the most notable changes in the amended Civil Procedure Code, it is possible to overlook the change in the jurisdiction of the courts in several categories of cases. But this change is vital to many litigants.
New jurisdiction of the courts in certain cases
The return of the separate procedure in commercial cases
Along with the recent amendment of the Civil Procedure Code, the separate procedure in commercial cases has returned. This will undoubtedly be a major change for businesses and their counsel.
The return of the separate procedure in commercial cases
New procedure for service of documents under the Civil Procedure Code
Electronic service between attorneys, and the end of fictitious service. The amendment to the Civil Procedure Code has brought numerous changes to the service of legal documents.
New procedure for service of documents under the Civil Procedure Code
New litigation management tools for judges
Two conditions must be met for a civil dispute to be resolved effectively: at the earliest stage of the case it must be precisely defined what is truly disputed between the parties, and the proceeding should be planned so that those issues can be focused on. If this can be achieved, the parties and the court can devote their energy and attention to the truly relevant issues. This will improve the speed and quality of judicial decisions, legal certainty, and security of commerce.
New litigation management tools for judges
Direct compensation from insurers under the new commercial procedure
Will the amended civil procedure rules improve the litigation position of people suffering a loss in motor vehicle collisions?
Direct compensation from insurers under the new commercial procedure
Is subcontracting easier? The effects of the amendment of Art. 647¹ of the Civil Code two years after adoption
Art. 647¹ of the Civil Code, providing for the investor’s secondary liability for the contractor’s debts to subcontractors, was introduced into the Polish legal system in 2003. In April 2017, the parliament amended it thoroughly in adopting the Act Amending Certain Acts to Facilitate Debt Recovery. Two years after implementation, we try to answer the question whether the title of the amending act corresponds to reality and subcontractors really have a better chance of receiving payment for their work.
Is subcontracting easier? The effects of the amendment of Art. 647¹ of the Civil Code two years after adoption