We are pleased to announce a positive outcome in a case conducted by Hoogells before an arbitration court in Poland. The litigation team at Hoogells successfully represented the contractor in a highly significant case concerning the assessment of the right to request a modification of the legal relationship and the validity of a multimillion claim for payment. The case was led on behalf of the Firm by \u0141ukasz Kotarba.<\/p>\n\n
We are particularly satisfied that, in the context of the dispute \u2013 especially considering the widespread relevance and popularity of the rebus sic stantibus clause \u2013 it was possible to conduct a substantive analysis and assessment of the fundamental issues related to its practical application.<\/p>\n\n
Our Conclusions<\/p>\n\n
Entrepreneurs can effectively assert their rights in cases based on the rebus sic stantibus clause, i.e. seek to modify the legal relationship, as well as defend against such claims \u2013 though it must be clearly emphasized that each case must be assessed individually. It should also be noted that, in our opinion, the rebus clause is not an exception to the pacta sunt servanda principle or its opposite, but rather a realistic application of that principle \u2013 hence, the prerequisites of the rebus sic stantibus clause should be interpreted strictly. \n<\/p>\n\n
What is key is a meticulous analysis and evaluation of the core, codified grounds for a potential claim to modify the legal relationship, such as:<\/p>\n\n
Procedural aspects<\/p>\n\n
In our view, the case is also worth noting for several interesting procedural insights (specific to arbitration):<\/p>\n\n
during this time, the parties:<\/p>\n\n
The case was bifurcated into stages (what is used in arbitration) – procedural\/preliminary matters resolved prior to substantive assessment. \n \n<\/p>\n","protected":false},"excerpt":{"rendered":"
We are pleased to announce a positive outcome in a case conducted by Hoogells before an arbitration court in Poland. The litigation team at Hoogells successfully represented the contractor in a highly significant case concerning the assessment of the right to request a modification of the legal relationship and the validity of a multimillion claim […]<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3595","post","type-post","status-publish","format-standard","hentry","category-bez-kategorii"],"acf":[],"yoast_head":"\n