Natalia Rutkowska | In Principle

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.

Work on Poland’s new Act on Concessions for Constructions Works and Services is near the end. The act is supposed to enter into force before the end of this year.

One of the most important changes in the Public Procurement Law is introduction of the European Single Procurement Document, which should make it much simpler for bidders to apply for public contracts.

The concept of “in-house procurement,” i.e. a contract awarded by one public entity to another public entity, is already recognised under Polish law, but the amendment to the Public Procurement Law proposes major changes in this area.

The contractual division of duties to obtain decisions and permits does not change the principle that the investor is basically required to cover the costs of obtaining them. Nor can a division contrary to law be imposed on the contractor.

In strictly defined instances a passenger has the right to compensation for a flight delay, but the law does not say exactly how the period of the delay should be calculated. The European Court of Justice recently answered this question.

Polish law provides great discretion in choosing the language for contracts. But in regulated industries, such as aviation, this rule may be modified.

Conditioning payment to the general contractor on prior payment of the subcontractors’ fees and the ability for subcontractors to obtain direct payment from the contracting authority protect subcontractors against dishonest general contractors.

For the second time this year, the Constitutional Tribunal has considered a challenge to the court fees for appeals against rulings by the National Appeals Chamber in public procurement cases.

Suppliers to troubled airlines increasingly seek security for their claims. Is temporary seizure of an aircraft an effective instrument?

At least one set of amendments to Poland’s Aviation Law will take off in 2013. It is closely tied to implementation of the Airport Charges Directive (2009/12/EC).