Alternative Dispute Resolution
In Poland, ADR is considered to include non-judicial methods for resolving disputes other than arbitration. Polish procedure provides for two means of ADR (apart from arbitration): an application for settlement, and mediation.
After the judgement is issued
How does a party defend against enforcement of an unfavourable judgment or court order? In what circumstances and within what timeframe is a cassation appeal considered? What can be done when the deadline for acting has already passed? When is a judgment enforceable?
Securing claims and evidence
How can a party strengthen its position in the proceedings? Who can seek an interim injunction and when? What should an application for an injunction contain? What is the court guided by when examining the application? Can a security decision be amended or vacated? Who enforces security and bears the cost of security proceedings? Can one secure claims pursued abroad?
Evidence
Does all the evidence have to be presented at once? What evidence can be used? Taking evidence for foreign proceedings
Statement of claim
What requirements must a statement of claim meet? At what address does the court serve the statement of claim? What are the rules on service when a defendant has its registered office abroad? Does a defence have to be submitted? what impact on the conduct of proceedings do the parties have and what is the role of the court?
Instituting proceedings
How long do proceedings last? When can a Polish court hear the case? Can the parties choose the law or court? Is filing a statement of claim the only way proceedings can be instituted? What is the proper court to hear a particular case?
Pursuing claims
What sort of claims can be pursued before the courts? Are claims pursued before the courts limited in time? What actions interrupt the running of the limitation period? When can a court issue an order of payment?
Attorneys
What is the difference between an adwokat and a legal adviser? Who is a trainee? What principles guide setting legal fees? What is the scope of attorney-client privilege?
The court system in Poland
What are the characteristics of the court system in Poland? What kinds of cases are heard by common courts? What do specific courts deal with? What is a commercial case? What courts hear commercial cases?
