Existing power installations to undergo innovative overhaul
The National Centre for Research and Development (NCBiR) is testing pre-commercial procurement on the energy market. More such projects will soon be launched in other sectors. What is PCP and who can benefit from it?
Important changes affecting companies registered in Poland
On 15 March 2018, the Act of 26 January 2018 amending the National Court Register Act and certain other acts came into force. Some of its provisions will come into force subsequently successively up until 1 March 2020.
As of 15 March 2018, does at least one management board member have to have a PESEL number?
Concerns about amendment to the National Court Register Act
The long and winding road to lawful distribution of dividends
The process leading up to payment of dividends by a company, although highly formalised, is familiar to the players and should not present great difficulties. But it nonetheless requires vigilance, because failure to comply with the statutory requirements can have serious consequences, particularly as it is easy to fall afoul of the changing regulations.
BITs between member states breach EU law
The Court of Justice has rejected the advocate general’s opinion and ruled in the Achmea case that investment arbitration, the option provided for in treaties between member states for foreign investors to commence arbitration against a state where it has invested, violates the autonomy of EU law.
Dispute avoidance and adjudication board under the new FIDIC contract conditions (2017)
The new FIDIC contract conditions place greater emphasis on alternative dispute resolution. This approach is reflected in the increased role of dispute avoidance and adjudication boards.
Does an indexation clause protect against unilateral rent increases by commercial landlords?
The rent, terms of payment and rent abatement period are all important factors for parties entering into commercial leases. Given the ongoing growth of the real estate market, the negotiated rent may fall well below market value within a couple of years. This is why long fixed-term lease agreements (which can be terminated only in situations specified in the lease agreement or when provided by law) should ensure that the rent amount remains acceptable to both parties for the duration of the lease. An indexation clause is one way to do this.
Courts get closer to plaintiffs
A ‘competent court’ now also includes the court at the place where the adverse effects of a tortious act occur. This approach will help victims seeking to recover damages.
Engineer’s determinations under the new 2017 FIDIC standard contracts
A new edition of the suite of FIDIC contracts was published during the International FIDIC Users’ Conference in London on 5 December 2017. The publication includes new approaches to issues such as filing claims and procedural aspects of the engineer’s role in their evaluation.
e-ESPD only!
Electronic procurement documents are coming. Starting 18 April 2018, the European Single Procurement Document (ESPD) will be available only online. Contracting authorities will have to include this requirement in all terms of reference while contractors will have to adjust to the new regulations.
New life for stalled wind power projects?
The Energy Regulatory Office has confirmed that wind projects in RES auctions will not have to demonstrate the incentive effect. Here we explain what these changes will mean in practice.
Change of the purpose of perpetual usufruct: Is it necessary to conclude an agreement and pay compensation?
Local governments and authorities representing the State Treasury accuse developers of planning projects or making other changes in the current manner of use of real estate inconsistent with the purpose for which perpetual usufruct was established. Then they offer the perpetual usufructuary an agreement changing the use of the property in exchange for compensation. Is there any justification for such actions?
