| In Principle

The contracting authority is not required to comply with contractors’ requests raised during negotiating sessions. It should allow contractors’ wishes in its own objective interest by including them in the terms of reference and the proposed contract.

Proper exercise of the function of contract engineer is crucial for the success of any construction project. The scope of the engineer’s obligations and the impartial attitude required of the engineer toward issues arising on the construction site are also reflected in the rights of the parties to the contract.

Poland’s Constitutional Tribunal has held that bank enforcement titles are contrary to the Polish Constitution because they violate the constitutional principle of equality. Pursuant to this judgment, the relevant provisions of the Banking Law—Art. 96(1) and Art. 97(1)—will cease to be in force on 1 August 2016. The ruling is fundamentally important for the entire banking sector and for bank customers.

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.

New regulations and interpretations will soon have an impact on equity- and debt-based crowdfunding business models.

The contracting authority does not violate Art. 26(2b) of the Public Procurement Law by not awarding a contractor points for borrowed resources, because fulfilling the conditions to qualify for participation in a procurement proceeding relying on the potential of a third party is different from the stage of selection of a shortlist of contractors, for which the conditions may be defined in the manner adopted by the contracting authority.

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.

If the deadline for filing an appeal in a tender procedure falls on a Saturday, Sunday or holiday, the contractor may file the appeal on the next business day.

Apart from information about food products required by law, food producers may include optional information on labels concerning the characteristics of the product. Typically not much additional information is provided, because after inclusion of the mandatory data there’s not much room left on the label. This makes selection and verification of this additional information particularly important. Well-chosen additional information can help sell the product, but poorly chosen information can generate serious legal problems.

The season for annual general meetings is approaching with the deadline for approval of the financial statements of Polish companies. Shareholders need not participate in the meeting personally, but may appoint a proxy. However, the law provides for certain differences in appointment of proxies in listed and unlisted companies.

Are proceedings before the Dispute Adjudication Board a necessary condition for seeking arbitration?

The Court of Justice of the European Union has held that the probability of a defect can make a product defective.