Monitor Prawniczy

no. 22/2017

Calling a foreign entity to an attempt at settlement

Bartosz Trocha
Autor jest radcą prawnym w kancelarii OŻÓG/PYTLAK w Warszawie.
Abstract

The article presents the problem of initiating civil conciliation proceedings in cases where the opponent does not have residency or registered office in Poland (foreign entity). The current wording of the regulation in this matter by the Code of Civil Procedure frequently arouses practical doubts as the admissibility of filing against such entities motions for calling to an attempt at settlement. The article aims at identifying key issues generating problems for the participants in economic transaction in this area (primarily with respect to the establishment of territorial jurisdiction) and indicating potential solutions for those problems. The article also contains suggestions of legislative changes which could facilitate application of the conciliatory procedure in cases against foreign entities.