Precious win before the Arbitration Court at the Polish Chamber of Commerce in Warsaw |
2012-01-27 |
The Procedures Team represented our Client (IT) in an interesting and difficult dispute concerning liquidated damages relating to the violation of the prohibition to recruit employees. |
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This multi-faceted dispute, prestigious both in legal and business terms, was brought before the Arbitration Court at the Polish Chamber of Commerce in Warsaw. Although the content of the agreement was clear (after all, we wrote it ourselves...), the opponent claimed, among other things, that one could not agree upon a prohibition of employment; that it violated the freedom of contract and the freedom to choose the place of employment; that no damage had arisen, etc., and supported these arguments with selected jurisprudence. The significant theses of the decision are as follows: – the prohibition to hire the Client’s employees is not illegal or contrary to the principles of social interaction, and does not restrict the freedom of employment or the freedom to choose the place of employees’ work. The award is final. We have won in full. |
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