litigation

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.

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?

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.

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.

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.

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?