Litigation, Arbitration and Mediation

Our team represents Polish and foreign entities in proceedings before common courts as well as before arbitration tribunals in Poland and abroad (the Polish Chamber of Commerce, Lewiatan, ICC, VIAC, DIS, UNCITRAL). Clients especially value our vast experience and efficiency in litigating or arbitrating complex cases concerning construction and infrastructure investment projects. In this area, we have handled about a dozen precedent-setting cases (including before the Supreme Court), often contributing to the formation of the Polish case law.
Prof. Przemysław Drapała combines vast experience and skills as an attorney ad litem with experience gained as an arbitrator.

We have also successfully represented leading entities across the production (including automotive) and real estate (private investors, real estate developers) sectors as well as suppliers of complex technologies in litigation and arbitration pertaining to their areas of activity. Moreover, we have successfully handled litigations regarding mergers and acquisitions (M&A), commercial contracts, and consequences of declaring bankruptcy, but also proceedings to have arbitration court awards overturned.

In recent years, we have acquired extensive expertise in representing clients in mediation proceedings in Poland, especially those involving leading public contracting entities. We have successfully resolved dozens of disputes, including those concerning construction and infrastructure projects and supply contracts, with a total value of claims exceeding 1.7 billion zloty. As a result, our clients obtained quick and satisfactory settlements, avoiding lengthy court proceedings and other risks.

We cooperate with reputable foreign law firms representing Polish businesses and supporting foreign companies in proceedings conducted in Poland or related to Polish law.

1. SELECTED LITIGATION CASES:

Legal representation of a top construction company in four court proceedings against a public investor, regarding withdrawal from four construction contracts for the construction of several sections of an expressway (total value in dispute: over PLN 750 million);
Legal representation of a top general contractor in court proceedings against a public contracting entity regarding increasing remuneration and costs related to the extension of the time for completion of a construction contract (value in dispute: over PLN 325 million);
Legal representation of a consortium of general contractors in court proceedings against an investor regarding payment of remuneration (including for additional and substitute works) related to the extension of a power unit (value in dispute: over PLN 250 million);
Legal representation of an international construction company against an operator of an international airport in Poland in several parallel court proceedings related to the performance of a contract for the expansion of a terminal (value in dispute: PLN 219 million);
Legal representation of a general contractor in court proceedings brought by a public contracting entity concerning the payment of contractual penalties in connection with two public utility investment projects (value in dispute: over PLN 200 million);
Legal representation of a consortium of a Polish and foreign construction company in court proceedings against a public contracting entity for an increase in remuneration and reimbursement of contractual penalties in connection with the construction of a section of the A4 motorway (value in dispute: over PLN 200 million);
Legal representation of a consortium of contractors in court proceedings concerning the performance of a contract for the modernisation of a railway section, involving claims for the payment of remuneration, additional works, indirect costs and contractual penalties (value in dispute: over PLN 253 million);
Legal representation of a consortium of contractors modernising three power units in one of the leading power plants in Poland in court disputes concerning the payment of remuneration for additional works, costs of contract extension and contractual penalties (total value in dispute: over PLN 170 million);
Legal representation of general contractors in court proceedings against a public contracting entity regarding the payment of remuneration and damage redress in connection with the construction of the National Stadium in Warsaw (total value in dispute: over PLN 139 million, names of the parties communicated in the mass media);
Legal representation of one of the general contractors in proceedings before the Supreme Court in connection with the withdrawal from a contract for the construction of a city stadium in Białystok by a contracting entity (value in dispute: over PLN 134 million, names of the parties communicated in the mass media);
Legal representation of a general contractor in court proceedings against an investor with respect to claims arising in connection with the withdrawal from a construction contract due to the occurrence of mining damage (value in dispute: over PLN 100 million);
Legal representation of a general contractor regarding the performance of a contract for the construction of a bridge in western Poland aimed at improving flood protection in that region (value in dispute: PLN 120 million);
Legal representation of a manufacturer in court disputes regarding the manufacture of technologically advanced machinery, equipment and rail vehicles (value in dispute: over PLN 100 million);
Legal representation of an investor – a company from the production sector – in a dispute with a contractor regarding claims arising from delays in the reconstruction of a production plant (value in dispute: over PLN 82 million);
Legal representation of an investor – one of the largest real estate developers in the office facility sector in the EU – in a dispute regarding defects in connection with the construction of a high-rise building;
Legal representation of an investment fund in the commercial real estate sector in a dispute regarding structural defects in an office complex, including proceedings related to the implementation of the project and disputes with tenants;
Legal representation of a commercial real estate developer in a dispute concerning the construction of a retail park, suspended due to unfavourable ground conditions, involving the contractor’s liability for delays and structural defects in the foundations;
Legal representation of one of the European leaders in the automotive industry in court proceedings against former members of the management board concerning a claim for damage caused to the company (value in dispute: over PLN 60 million);
Legal representation of an investor from the automotive industry in court proceedings against a general contractor modernising and reconstructing an industrial plant, concerning a claim for contractual penalties and damages (value in dispute: over PLN 20 million);
Legal representation of a Polish IT company in a precedent-setting court dispute with a stock exchange investor concerning compensation for the so-called stock exchange damage.

2. SELECTED ARBITRATION PROCEEDINGS (DOMESTIC AND INTERNATIONAL):

Legal representation of a production company in arbitration proceedings brought by a public investor before the Court of Arbitration at the State Treasury Solicitors’ Office in a dispute concerning claims for contractual penalties (value in dispute: over PLN 500 million);
Legal representation of a Polish manufacturer in arbitration proceedings before the Polish Chamber of Commerce concerning claims under a delivery contract (value in dispute: over PLN 104 million);
Legal representation of a foreign general contractor in three consolidated arbitration proceedings before the Polish Chamber of Commerce regarding the performance of an ECP contract for the construction of two photovoltaic farms with a total capacity of over 6 MWp;
Legal representation of a foreign general contractor in arbitration proceedings regarding the performance of an ECP contract for the construction of a photovoltaic installation with a capacity of over 8 MWp;
Legal representation of a Polish general contractor in proceedings before the International Chamber of Commerce (ICC) against an investor in a dispute concerning the construction of a section of a national road. The result was the dismissal by the common courts and the Supreme Court of the complaint to repeal the ICC’s award;
Legal representation of a Polish contractor in proceedings before the International Chamber of Commerce (ICC) against an investor in connection with the construction of a line investment project in Poland. Successful representation in proceedings before common courts to repeal the award of the ICC;
Legal representation (in collaboration with a foreign law firm) of a company which owns a retail chain, in arbitration proceedings before the DIS (Deutsche Institution für Schiedsgerichtsbarkeit) in a dispute concerning breach of representations and warranties given in an asset deal contract;
Legal representation of a Polish general contractor in arbitration proceedings before the Polish Chamber of Commerce against a private investor concerning an investment project involving the renovation of a prestigious real estate complex;
Legal representation of a Polish client in arbitration proceedings before the Polish Chamber of Commerce concerning claims for contractual penalties for delay in delivery;
Legal representation of the Polish leader of a consortium of contractors in proceedings before the Court of Arbitration at the Polish Confederation Lewiatan against a consortium member in connection with the settlement of the construction of a section of an expressway;
Legal representation of a Polish private investor in arbitration proceedings before the Polish Chamber of Commerce against a consortium of contractors in connection with the construction of an industrial plant;
Legal representation of the general contractor in arbitration proceedings before the Polish Chamber of Commerce concerning the payment of remuneration set off against a contractual penalty for a delay in the course of a large-scale construction project;
Legal representation of the Polish branch of an international design and engineering company in proceedings before the International Chamber of Commerce (ICC) against a leading Indian general contractor. The dispute concerned the implementation of an infrastructure investment project in Libya;
Legal representation of one of the leading manufacturers of orthodontic products (a company based in the Netherlands and the US) in two arbitration proceedings before the International Chamber of Commerce (ICC) against a Polish counterparty. The dispute involved a breach of an exclusive distribution agreement;
Legal representation of one of the world’s largest petrochemical companies in post-arbitration proceedings (Stockholm SCC ruling) and enforcement proceedings, as well as in composition proceedings for the Polish debtor.

3. SELECTED MEDIATION AND CONCILIATION PROCEEDINGS:

Legal representation of a consortium of contractors in mediation proceedings with a public contracting entity in connection with the execution of one of the largest projects regarding railway infrastructure involving the construction of a telecommunications network across Poland (claims value: approx. PLN 6 billion);
Legal representation of a leader of a consortium of contractors in mediation proceedings against a public contracting entity regarding claims related to a contract for the construction of a motorway section; thanks to our support, the parties concluded a settlement (claims value: approx. PLN 330 million);
Legal representation of a consortium of contractors in court and mediation proceedings with a public contracting entity regarding the contract price indexation and other claims under a contract for the modernisation of a power unit; thanks to our support, the parties concluded a settlement increasing the contract price (claims value: approx. PLN 135 million);
Legal representation of a general contractor in mediation proceedings with a public contracting entity regarding claims related to the construction of a section of an expressway before the Court of Arbitration at the State Treasury Solicitors’ Office; thanks to our support, the parties concluded a settlement (claims value: approx. PLN 130 million);
Legal representation of a consortium of contractors in negotiations and in mediation proceedings with a contracting entity being a local government unit regarding claims related to the construction of a tram line; thanks to our support, the parties concluded a settlement (claims value: approx. PLN 109 million);
Legal representation of a consortium of Polish and foreign contractors in mediation proceedings with a public contracting entity regarding claims for remuneration and other claims under a contract for the modernisation of one of the largest railway line sections in Poland; thanks to our support, the parties concluded a settlement (claims value: approx. PLN 90 million);
Legal representation of a general contractor in mediation proceedings with a contracting entity being a local government unit regarding claims under a contract for the construction of a wastewater treatment plant; thanks to our support, the parties concluded a settlement (claims value: approx. PLN 60 million);
Legal representation of a Polish company from the production sector in mediation proceedings with a public contracting entity regarding the indexation of a contract price under a supply contract; thanks to our support, the parties concluded a settlement (claims value: approx. PLN 45 million);
Legal representation of a Polish general contractor in mediation proceedings with a contracting entity being a local government unit regarding claims for the indexation of a contract price under a contract for the construction of a public facility; thanks to our support, the parties concluded a settlement increasing the contract price (claims value: approx. PLN 35 million);
Legal representation of one of the top construction companies in court and mediation proceedings with a contracting entity being a local government unit regarding claims under a construction contract; thanks to our support, the parties concluded a settlement increasing the contract price (claims value: approx. PLN 30 million).

4. SELECTED PROCEEDINGS BEFORE THE SUPREME COURT:

Drafting of a cassation appeal and legal representation of one of the general contractors before the Supreme Court in proceedings concerning a city stadium in Białystok (value in dispute: over PLN 134 million);
Drafting of a cassation appeal and legal representation of a general contractor before the Supreme Court in a case concerning payment of contractual penalties by a public contracting entity (value in dispute: over PLN 47 million);
Drafting of a reply to a cassation appeal and legal representation of one of the leading companies in the construction industry in proceedings before the Supreme Court concerning the repealing of the ICC International Arbitration Tribunal’s award (value in dispute: over PLN 30 million);
Drafting of a reply to a cassation appeal and legal representation of a listed construction company before the Supreme Court in a dispute with a local government contracting entity concerning unjustified payment of an amount under a performance bond (value in dispute: over PLN 33 million);
Drafting of two cassation appeals and legal representation of an investor from the automotive industry in cassation proceedings before the Supreme Court related to the liability of the enterprise’s acquirer in connection with the seller’s bankruptcy (value in dispute: over PLN 26 million);
Drafting of a cassation appeal and legal representation of a Polish investor before the Supreme Court in proceedings concerning the invalidity of an investment agreement (value in dispute: over PLN 12 million);
Drafting of a cassation appeal and legal representation of a private investor before the Supreme Court in proceedings concerning a subcontractor’s claims for payment of remuneration based on joint and several liability (value in dispute: over PLN 11 million);
Drafting of a cassation appeal and legal representation of the general contractor before the Supreme Court with regard to claims for an increase of remuneration on the grounds of an extraordinary and unforeseeable change of prices;
Drafting of a cassation appeal and legal representation of one of the parties in cassation proceedings before the Supreme Court concerning the interpretation and performance of a joint-venture contract;
Drafting of a cassation appeal and legal representation of a foreign engineering company in a dispute regarding an attempt to set aside an arbitration award in a case concerning a breach of a non-competition clause;
Drafting of a cassation appeal and legal representation of an entity authorised to purchase real estate before the Supreme Court in proceedings concerning the exercise of the pre-emption right.

Litigation, Arbitration and Mediation

1. SELECTED LITIGATION CASES:

2. SELECTED ARBITRATION PROCEEDINGS (DOMESTIC AND INTERNATIONAL):

3. SELECTED MEDIATION AND CONCILIATION PROCEEDINGS:

4. SELECTED PROCEEDINGS BEFORE THE SUPREME COURT:

Professor Przemysław Drapała, PhD

Andrzej Sokołowski

Wojciech Bazan

Jakub Majewski

Mariusz Nowakowski, MLE

Other specialisations:

Litigation, Arbitration and Mediation

1. SELECTED LITIGATION CASES:

2. SELECTED ARBITRATION PROCEEDINGS (DOMESTIC AND INTERNATIONAL):

3. SELECTED MEDIATION AND CONCILIATION PROCEEDINGS:

4. SELECTED PROCEEDINGS BEFORE THE SUPREME COURT:

Professor Przemysław Drapała, PhD

Andrzej Sokołowski

Wojciech Bazan

Jakub Majewski

Mariusz Nowakowski, MLE

Other specialisations:

Litigation, Arbitration and Mediation

Infrastructure and Construction Industry

Transactions M&A and Corporate Law

Real Estate

Contracts (Commercial)

Public Procurement

Employment practice

Personal Data Protection

Tax

Compliance

Corporate and commercial disputes

IP / IT

White Collar Crime

Energy and natural resources

Competition and consumer protection

German Desk

Environmental Social Governance (ESG)

Telecommunications