Stanisław Drozd: articles by this author
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.
“Phoenixing” and “Zombieing” in the Eastern European sports industry and players collective action as the only viable response
“Phoenixing” is a term coined to describe a situation in which stakeholders of an organization which becomes insolvent transfer its operations to a different entity, which continues them while ignoring the predecessor’s debts.
Genuine contractual disputes are always at least in some way about a gap in a contract. A dispute most often arises when parties have agreed to a meticulously drawn-up set of specific provisions and then in the course of performance a situation occurs which is not adequately addressed by those provisions. That is because the parties did not really have the situation in mind when drawing up the contract. As a result, the situation is either not addressed at all, or, more often, falls under provisions that were not really meant to deal with it.
A term that’s been crunched recently by lawyers and economists in Europe and throughout the world is the Uberisation of work. This refers to the phenomenon in the modern economy where members of various professions don’t work for employers as such but provide services to clients as independent contractors via a range of online platforms. The term takes its name from the well-known ride-hailing app, but similar platforms function in other industries.
Professional athletes: Workers, business operators, or both? Sport as a possible hotbed for a new legal regime protecting freelancers’ rights
Sport is an increasingly important sector of the economy. It is a significant contributor to GDP. It attracts massive capital investment and is a source of livelihood for many service providers and employees. Industrial relations in the sport sector are therefore subject to intensifying scrutiny, especially in jurisdictions where the sector is still developing and in the process of professionalisation. But sport-specific industrial relations also have certain peculiarities that make them intriguing in the discussion of employment market trends in the modern economy.
International arbitration is often referred to as an area of globalisation par excellence. It is an institution of global civil society. It is living proof that global society can freely govern itself, even in such vital areas as the adjudication of legal disputes, including those involving public and politically sensitive matters.