Searching for additional financing routes, in the form of debt rather than equity, could benefit startup founders by curtailing their dilution in equity rounds and also have other advantages for the companies themselves. This would contribute to encouraging more young entrepreneurs to start and carry on with their projects and would also benefit venture capital funds, key and irreplaceable players, in that they would have more and stronger investment opportunities.
In view of the current overload of judicial bodies as a result of the COVID-19 standstill, arbitration can take a step forward and come to the rescue of the parties in dispute who want their conflicts to be resolved quickly.
The Finance Ministry has published a bill of amendment to the laws governing corporate income tax (bill of September 15, 2020). The bill states that corporate income tax will start being levied on limited partnerships, and places new obligations on the so-called “real estate” companies (spółki nieruchomościowe). Another new piece of legislation places large taxpayers under obligation to publish reports on compliance with their tax strategy.
It is thought that the measures adopted to tackle the global crisis caused by the appearance of COVID-19 will be a catalyst for foreign investors filing claims against states. While we are likely to see an increase in investment arbitration in the next few years, it is unknown what stance states will adopt in response.
The stakeholders in international arbitration (arbitral institutions, tribunals, counsel and parties) have responded to the difficulties and challenges of the COVID-19 pandemic by forging a closer cooperation to provide a common response to allow international arbitration to deliver some degree of certainty in a volatile post-corona climate.