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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.

 

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 Arbitration Court, sitting in a distinguished panel of arbitrators (including, among others, Prof. A. Kidyba and Prof. E. Marszałkowska-Krześ), decided the legal dispute after several hearings, with the reasons for the decision being of the highest quality, notwithstanding the fact that we have won in full.

The significant theses of the decision are as follows:
- the possibility for one party to undertake to refrain for some time from hiring employees of the other party falls within the limits of the freedom of contract.

– 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.
- claiming liquidated damages does not require that the damage be proven.

The award is final. We have won in full.

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