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When the agent’s principal drives clients away
The Court of Justice of the European Union has ruled that a commercial agent may retain the right to a commission if the client intentionally refuses to perform the contract because the principal’s attitude has caused the client to lose confidence in the principal. The ruling also clarifies doubts surrounding the effect that partial non-performance of the contract has on the agent’s commission.
When the agent’s principal drives clients away
Liability for representations and warranties concerning the condition of the company in a corporate sale
Making false representations about the state of tax liabilities of a company being sold may make it necessary to cover the buyer’s losses, even years after the transaction.
Liability for representations and warranties concerning the condition of the company in a corporate sale
Will public entities be more willing to settle disputes?
The “Creditors’ Package,” an overhaul of numerous acts, entered into force on 1 June 2017. Among other changes, it authorises public finance units to conclude settlements when certain conditions are fulfilled. This creates the hope for a more flexible attitude of public entities, open to dialogue with the private sector. But will this actually be achieved?
Will public entities be more willing to settle disputes?
New rulings on liability for online comments
The European Court of Human Rights has held that an NGO operating an online blog cannot be held liable for comments posted by internet users because the organisation quickly deleted the offending posts. Meanwhile, the Warsaw Court of Appeal has held the publisher of a news site liable even though it was not notified of the unlawfulness of comments before being sued. These new rulings provide an occasion for sharing a few remarks about online defamation.
New rulings on liability for online comments
Could brokers also use mediation?
Mediation is becoming a more widely appreciated and applied alternative dispute resolution method. But there are categories of cases where it could be used more often. One of them is disputes between capital market participants, and in particular between brokerages and their clients.
Could brokers also use mediation?
The permissibility of asking witnesses leading questions in Polish judicial and arbitration practice
Whether witnesses can be asked leading questions is a vital issue for fair trials, but is treated inconsistently in Polish litigation practice. Inspiration can be sought from the rules that have worked for years in common-law jurisdictions.
The permissibility of asking witnesses leading questions in Polish judicial and arbitration practice
Brexit: what about uniform rules for judicial cooperation in civil cases and the free flow of judgments?
The English courts are among the most commonly selected in the world for resolving disputes. Most cases there are decided under English law, but membership in the EU is one reason for the popularity of English courts. After Brexit, does London have a chance to retain its position as a world leader in dispute resolution?
Brexit: what about uniform rules for judicial cooperation in civil cases and the free flow of judgments?
The owner does not always have to pay the holder for improvements to property
An interesting ruling was issued in a case we were handling. After the independent possessor of real estate turned the property over to the owner, it demanded payment for the expenditures it had made on the property, including construction of a building on the site. But does construction always raise the value of the property?
The owner does not always have to pay the holder for improvements to property
Rulings by Chinese courts more and more common in cross-border disputes
As the People’s Republic of China becomes an increasingly stronger player on the international scene, it is no surprise that rulings by Chinese courts are being issued more frequently in disputes arising out commercial cooperation with Chinese counterparties. This phenomenon will only grow in importance for European lawyers.
Rulings by Chinese courts more and more common in cross-border disputes
Change in rules for the investor’s joint and several liability in the construction process
A simplified procedure for notification of subcontractors, clarification of the rule on the investor’s objection to entrusting part of the work to a subcontractor, and limitation in the amount of the investor’s joint and several liability—all these changes are to go into effect on 1 June 2017.
Change in rules for the investor’s joint and several liability in the construction process
Clause on choice of foreign law not always effective in consumer transactions
Traders offering goods and services online often provide in their general terms and conditions that contracts with consumers will be governed by the law of the country there the seller has its registered office. EU law basically allows such contracts, but the choice of law must not deprive the consumer of the protection afforded him by mandatory provisions of law which would have been applicable if the contract did not contain the choice of law clause.
Clause on choice of foreign law not always effective in consumer transactions
Longer period for reopening civil proceedings
Under regulations in force from 15 February 2017, reopening of a civil proceeding ended in a legally final judgment can be sought within 10 years after the judgment became legally final. The previous regulations provided for a 5-year period for seeking reopening of proceedings.
Longer period for reopening civil proceedings