Once a dispute arises, it may be too late for changes

Reviewing your contracts right now, and possibly adjusting their provisions to exclude certain types of evidence, may be a worthwhile exercise.

While the main bloc of amendments to the Polish Civil Process Code came into force only on 7 November, their impact on litigation has been the object of heated debate for some time now, especially among trial lawyers.

Also, it merits pointing out that some of the legislative changes will have implications not only for court proceedings in civil and commercial cases, but also in a broader sphere, in the day-to-day operations of business enterprises. The legislative amendments are also of import in the non-litigation sphere, compelling market participants to adjust their business models as well as the wording of contracts with their counterparties, even if there is nothing to suggest that any given relationship may end up as the object of a court case.

The full text of this article is available (in Polish) in Rzeczpospolita daily (19.11.2019) If you are interested in an English-language version, please contact: kontakt@gessel.pl