The public policy clause as the general clause in commercial arbitration in the Polish law in the context of the principles of social coexistence

This article is attempting to aid in defining the concept of public policy clause and its meaning in the commercial arbitration in the Polish law. Complete understanding of a particular legal institution is usually possible by delimiting it from other similar legal categories. The issue of general clauses is, on the one hand, one of the issues inherent in the substantive civil law and, on the other hand, in the notion and meaning of the public policy clause in the commercial arbitration. The works of legal academics present various theoretical approaches to the nature of general clauses. It is proper to start the attempt at defining the exceptional general clause – that of public policy – with examining the norms of civil law, which particularly oftentimes refer to other general clauses, including the principles of social coexistence, which has major place in Polish legal system

Disputes related to the company's relationship in arbitration proceedings in the light of the amendments to the Polish Code of Civil Procedure from 2019

On September 8th 2019, the amendment to the arbitration proceedings regarding four provisions entered into force, so the 2019 reform of the Polish Code of Civil Procedure did not bypass the arbitration. These changes were introduced by the Act of July 31st 2019 on the amendment of certain acts to reduce regulatory burdens. This amendment has removed the criterion of the amicable settlement to all disputes about property rights and, also exaggerated the arbitrability to shareholder disputes. This amendment also has removed another practical problem, i.e. bounding by an arbitration clause of the company's bodies and their members, which before the amendment to the article 1163 of the Polish Code of Civil Procedure did not result directly from the provision. This amendment, apart from many positive aspects, has not solved all practical aspects of company law disputes

Adjudication on principles of equity in the proceedings before the arbitral tribunal in the Polish law compared to other legal systems

Every lawyer knows Latin maxim “Summum ius summa iniuria”. You can pass an arbitral award that is consistent with the law, but it is unfair. This article aims to attempt to define the institution of adjudicating on the basis of equity in arbitration proceedings. Moreover, it presents the historical outline of this situation in the world, and in Poland, as well as assessment of the current concepts concerning this matter in the Polish Civil Procedure Code

The legitimacy of introducing a simple joint-stock company into the Polish legal order

Motivation: The paper focuses on the legitimacy of introducing the simple joint-stock company (PSA) into the Polish legal order by referring to the financing of the initial phase of business operations. Describes the issue of capital gap, especially significant for capital-intensive innovative enterprises that have a problem obtaining financing due to high operational risk. The work also shows the importance of choosing capital financing sources due to financial risk and development opportunities. It presents an unconventional solution on raising funds for activities through crowdfunding. The paper attempts to answer questions about the legitimacy of introducing a simple joint-stock company into the Polish legal system and potential benefits and threats from the use of this type of company by startups. Aim: The paper proposes two research aims; verification of the legitimacy of introducing a simple joint-stock company in-to the Polish legal order and presentation of possible impact of the introduction of PSA on the use of crowdfunding as a start-ups financing source. Results: Thanks to the analysis of the acts and the literature on the subject, potential advantages and disadvantages of introducing PSA into the Polish legal system were identified. The authors take the position that combining the features of a limited liability company with a joint stock company may be the legislator’s response to the needs of the startup community

Ignoring improper data in decision support system for medical applications

A Decision Support System for Medical Applications was designed by applying the rough set theory to generate rules from the collected data. The data are kept in a table representing information system. There are some improper data in information systems and their removal can improve the quality of the retrieved information. By improper data we can understand such objects that disturb rules generation. They can be erroneous or corrupted or just exceptions. It is possible to find an algorithm of improper data removal to optimize the quality of information derived from decision tables. The improper data can be verified by checking whether some indicators of classification quality were improved after removal of the data. Some suggestions of identifying improper data are presented in the paper. In medical applications the improper data cannot be neglected

Democracia Ameaçada e a Reconstrução da Justificação Pública

Threats and tensions which exist in the daily lives of democracies demand their revitalization. The general objective is to defend public argumentation as the most important characteristic for the affirmation of democracy, its original characteristics and the adequate mechanism for the construction of references that legitimize and dynamize social justice considering the new contexts of globalization, technology and communication. The established criterion of the majority is insufficient today. Democratic actions should be mediated especially by public argumentation and social participation with up-to-date methods and instruments aimed at correcting the fanaticism and self-interest rooted in leaders and institutions.As ameaças e tensões que existem no cotidiano das democracias exigem sua revitalização. O objetivo geral é defender a argumentação púbica como a característica mais importante para a afirmação da democracia, suas características originais e o mecanismo adequado para a construção de referências que legitimam e dinamizam a justiça social diante dos novos contextos de globalização, tecnologia e comunicação. O critério da maioria estabelecido é insuficiente atualmente. A ação democrática deve ser mediada principalmente pela argumentação pública e pela participação social, com métodos e instrumentos atualizados, voltados para a correção do fanatismo e do interesse próprio enraizado em lideranças e instituições