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?

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?

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.

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.

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.