On 6 March 2018, the Court of Justice of the European Union (“CJEU”) in the case no. C‑284/16 Slovak Republic v. Achmea BV (“Achmea case”) (available here) stated that arbitration agreements…
After a few declarations of intention to terminate BITs (see my previous post), Poland put words into actions. On 18 July 2017, the Polish Government submitted to the Sejm (the lower house of Polish…
A year ago, on 25 February 2016, it was reported that Poland intends to terminate its Bilateral Investment Treaties ("BITs"; see initial comments here). Earlier this year, by a resolution of 5…
Much ink has recently been spilt on the Investor State Dispute Settlement (“ISDS”) system, especially in the light of the Comprehensive Economic and Trade Agreement (“CETA”), and the Transatlantic…
Introduction
After recent amendments to the Polish Arbitration Law (part five of the Polish Code of Civil Procedure, Official Journal of Laws of the Republic of Poland, No 43, item 296, as amended,…
Much has been written about iura novit curia or, as it has been rephrased for arbitration purposes – the iura novit arbiter principle in international arbitration. There are three main areas of…
Kocur & Partners, in cooperation with two leading Polish universities, the University of Economics in Katowice and the Kozminski University in Warsaw, conducted a survey on the practice of…
Introduction
On 1 January 2016, the Act on Promoting Amicable Dispute Resolution Methods (dated 10 September 2015, published on 13 October 2015, Official Journal of Laws of the Republic of Poland,…
It is not unusual that a foreign investor is put in a situation where the investment has not been infringed yet and no damage has been caused, but an infringement is very likely to happen. The…
The Ministry of Economy of the Republic of Poland prepared and published a draft act ("the Draft Law") (a draft law on promoting amicable dispute resolution methods, available in Polish here ). The…
