Monika Hartung: articles by this author
The amendment of the Civil Procedure Code introduces a few technical improvements to increase the efficiency of proceedings.
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.
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.
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.
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.
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.