Dr Ewelina Stobiecka

Attorney at law

I’ve been supporting entrepreneurs for almost twenty years in resolving commercial disputes in and out of court. I represent my clients as an attorney and negotiator and also act as a commercial mediator...
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Settle your dispute

I invite you to another round of talks about mediation from an international perspective.

This time, with mediator and advocate of Belgian law Mrs. Joanna Kolber, I talk about commercial mediation from a Polish-Belgian perspective.

The following issues were raised:

  • sectors of Belgian business in which mediation is most frequently used
  • mediation as a way of arranging business relations for the future
  • language skills in multilingual Belgium

Take a look (discussion in Polish): https://lnkd.in/e4ExXizt

I invite you to listen to an interview with Mr Frederic Petit, a French mediator and member of the French parliament. We are looking for answers, among others, to the following questions:

1. Are French entrepreneurs willing to mediate? How is mediation developing in France?
2. Are there any areas, industries in France that are particularly keen to use commercial mediation? Has the pandemic additionally changed this approach in any way?
3. Mediation as a way of arranging business relationships for the future. These and other benefits of using commercial mediation.
4. Mediation time… because time is money.
5. Mediation language as an important tool in international mediation. Is it an important factor in Polish-French mediation?
6. The role of lawyers in commercial mediation.
7. Is industry experience an important part of a mediator’s background?

The interview was recorded thanks to the hospitality of the Polish-French Chamber of Commerce in Polish language. If you would like to know the main theses of the interview in English, please contact me.

I invite you to listen to an interview on mediation between Polish and Italian entrepreneurs. With my guest – Alfio Mancani, Polish and Italian mediator we discuss i.a:

1. “Costs of a business dispute. Why do Italian entrepreneurs mediate disputes in Poland?”
2. “Mediation in Italy. An unpleasant duty or an excellent ADR tool?”
3. “The role of a lawyer in mediation from the perspective of an Italian attorney”
4. “Settlement in mediation like a court judgment. The issue of implementing the findings”
5. “Duration of Polish-Italian mediation”
6. “The language of mediation. Is it possible to solve a business dispute in Poland without knowing the Polish language”
7. “The place of mediation, cultural issues”

The interview was recorded thanks to the hospitality of the Italian Chamber of Commerce and Industry in Polish language. If you would like to know the main theses of the interview in English, please feel free to contact me.

How the private commercial mediation looks like:Mediation

Step 1 File your case with professional mediation centre

Report your business problem before you go to court (contact the International Mediation Centre Coordinator: e.stobiecka@mcm.org.pl)

If your case is already in court, describe what stage it is at and we will help you move it from the courtroom to mediation.

Step 2 Contact with you

The mediation centre will contact you and/or meet to discuss the problem and strategy.

Step 3 Contact with the other party of the dispute

The mediator will also contact your adversary in the dispute to present to them the possibility of resolving the dispute between you through mediation.

Step 4 Mediation Proceedings.

The Mediator will ensure that the mediation proceedings will take place in a good atmosphere, taking into consideration the interests of all parties, will propose a course of action and will conduct the appropriate mediation sessions: joint and/or individual. He will conduct the proceedings in the most time- and cost-efficient way, taking into account the comfort of the parties.

Step 5 Settlement.

The mediator will help you validate the mediated settlement agreement in court, so that it becomes a court judgment and an enforceable title.

Mediacja w sprawach podatkowychThere is an excellent article in today’s Rzeczpospolita with my commentary on the tax implications of potential settlements in CHF borrowers cases

The tax office confirmed in an individual interpretation that currency conversion of credit does not create revenue. This interpretation confirms that in the case of such redemption, no tax is due, and the bank does not issue PIT-11 forms for borrowers, informing them of the income achieved. However, this only applies if the bank is able to obtain confirmation from the borrowers that they used the loan for their housing purposes. They should also declare that they have not already taken advantage of the PIT exemption for the forgiven loan once.

The interpretation of the tax office regarding the conversion and write-off of the loan definitely clarifies the situation of both the borrower and the bank regarding the potential tax consequences of the settlements. This gives both parties clarity on the tax treatment of potential loan conversions, which could be a key element of the settlements.

The current confusion surrounding the long-awaited Supreme Court ruling and the anticipation of additional opinions that the Supreme Court wants to seek before making a resolution has prompted many CHF borrowers who have delayed filing suit to initiate the proceedings. Especially as one of the banks has already indicated that it would first like to offer settlements to clients whose cases are already in court.

It seems that the additional time needed to wait for the Supreme Court’s resolution does not serve either the potential parties to such settlements (banks and their clients) or the justice system itself, which is already overburdened not only by the wave of lawsuits filed right after the famous judgment of the European Court of Justice in the case of Mr and Mrs Dziubak, but also by the “backlog” of proceedings caused by the pandemic.