About Us - Kancelaria JDP

On the Polish legal market we are one of the leaders in providing legal advice to general contractors, subcontractors, investors and design companies implementing complex construction and infrastructure investments (roads, engineering, large-scale projects, power engineering, public utility facilities, sports facilities, industrial facilities). We have been advising our clients for over 15 years on the largest infrastructure and construction projects in Poland and representing parties in related court and arbitration disputes.

In The Legal 500, an international ranking of law firms, (for 2018, 2019 and 2020), our law firm was recognised as a Leading Firm (Top Tier) in the Construction/Construction disputes category, and Prof. Przemysław Drapała was awarded the Leading Individual in Poland title in this category.

Our lawyers have unique experience in disputes concerning (i) remuneration increases due to unpredictable market changes (e.g., increase in prices of materials and services in the construction market); (ii) claims of the parties arising in connection with withdrawal from a contract, and (iii) prohibition of payment under a bank guarantee (unjustified drawing on the guarantee).

Moreover, we successfully advise our clients on matters concerning, among others, claims for delays in construction site handover, faulty design documentation, payment and increase of remuneration, settlement of completed additional and substitute works, general construction costs, charged liquidated damages, performance of warranty or guarantees of quality, as well as other claims arising in the course of the execution of construction investment projects.

Selected projects:

Road and bridge infrastructure:

Advising the general contractor for the Zakopianka section with the longest tunnel in Poland (section of the S-7 expressway), contracting authority: General Directorate for National Roads and Motorways (GDDKiA); project value: PLN 1 billion;
Advising the general contractor for the S-5 (Wrocław-Poznań) expressway section; contracting authority: GDDKiA, project value: over PLN 1 billion;
Advising the general contractor for the extension of the S-8 expressway (Mężenin-Jeżewo section); contracting authority: GDDKiA; project value: over PLN 440 million;
Advising the general contractor for the extension of the S-8 expressway (Wiśniewo-Mężenin section); contracting authority: GDDKiA; project value: over PLN 434 million;
Advising the general contractor for the S-6 (Nowogard-Płoty) expressway section; contracting authority: GDDKiA, project value: almost PLN 400 million;
Advising the general contractor for the S-51 (Olsztyn-Olsztynek) expressway section; contracting authority: GDDKiA; project value: over PLN 321 million.

Railway infrastructure:

Advising the general contractor for the GSM-R system; contracting authority: PKP Polskie Linie Kolejowe S.A., project value: approximately PLN 2.8 billion;
Advising the general contractor for Łódzki Tunel Średnicowy (cross-city tunnel in Łódź); contracting authority: PKP Polskie Linie Kolejowe S.A.; project value: over PLN 1.6 billion;
Advising the general contractor for the modernisation of railway line sections No. 61 and No. 700 (Częstochowa-Fosowskie); contracting authority: PKP Polskie Linie Kolejowe S.A., project value: over PLN 270 million;
Advising the general contractor for the construction of the Warsaw West-Warsaw Okęcie railway line (rail connection for Okęcie airport); contracting authority: PKP Polskie Linie Kolejowe S.A., project value: over PLN 230 million;
Advising the general contractor for the modernisation and revitalisation of railway line section No. 201; contracting authority: PKP Polskie Linie Kolejowe S.A., project value: over PLN 100 million.

Energy Infrastructure:

Advising the investor in connection with the EPC performance of the investment project involving the construction of a power plant with a 600 MWe gas-steam unit; project value: over PLN 1.6 billion;
Advising the general contractor for the modernisation of a boiler furnace system in units 7–12 in PGE Bełchatów Power Plant; contracting authority: PGE GIEK; project value: over EUR 475 million (over PLN 1.9 billion);
Advising a consortium of Polish and foreign companies on the EPC modernisation of units 4–6 in Turów Power Plant; contracting authority: PGE GiEK; project value: over PLN 625 million.

Industrial facilities / Large-scale infrastructure:

Advising general contractors for the National Stadium in Warsaw; contracting authority: State Treasury – Ministry of Sports and Tourism and the National Sports Centre (SPV), project value: over PLN 1.5 billion;
Advising general contractors for the PGE Arena stadium in Gdańsk; contracting authority: City of Gdańsk and BIEG 2012 Sp. z o.o., project value: over PLN 780 million;
Contract counselling, also during the guarantee and warranty period, for the leading general contractor listed on the Italian stock exchange in connection with the development of one of the largest passenger terminals in Poland (contract value: approximately PLN 370 million);
Advising the general contractor for the municipal police station in Łódź;
Advising the general contractor for the municipal police station in Piotrków Trybunalski;
Contract counselling for a Polish company implementing an investment (an exhibition pavilion) in Italy, as well as representing the company in a number of litigations.

Water infrastructure:

Advising general contractors for the modernisation of the Nysa water reservoir with regard to flood safety in litigation with the public contracting authority;
Advising the general contractor for the construction of a yacht marina in Szczecin in litigation with the public contracting authority;
Advising the general contractor for the programme and spatial concept and comprehensive technical documentation for the restoration of the Kożuszna Canal river;
Advising the general contractor for the modernisation and improvement of the Flood Canal and the Old Oder River in litigation with the public contracting authority;
Advising the general contractor for the modernisation of the Świnoujście-Szczecin waterway (the Piast Canal and Mielin Canal) in litigation with the public contracting authority.

Professor Przemysław Drapała, PhD

Radca prawny (Attorney-at-law) | Managing Partner

Andrzej Sokołowski

Radca prawny (Attorney-at-law) | Partner

Wojciech Bazan

Adwokat (Attorney-at-law) | Partner

We provide legal and tax advisory services to all participants in the real estate market, including owners and managers of facilities, using commercial and service, warehouse, production and office space, investment funds, developers, as well as banks financing real estate transactions. We provide clients with specialised legal and tax advice and solutions in relation to real estate transactions, including joint venture real estate projects. We provide legal and tax support to project owners and managers in the ongoing management of their property portfolio.

We are familiar with the needs and expectations of market participants in terms of:

Acquisition and disposal of commercial, office and industrial properties;
Taxation of real estate transactions with VAT and PCC;
Regulating the legal status of a real estate property after its acquisition or before its sale;
Execution of logistic, warehouse and industrial investments in build-to-own and build-to-suit formulas;
Implementation of greenfield and brownfield projects;
Commercialisation (lease) of commercial and office buildings and real estate leasing;
Cooperation with banks in the field of domestic and cross-border real estate financing and securing of such financing;
Support in negotiating loan agreements for the purchase or refinancing of real estate, establishment of collateral;
Handling development projects from the construction permit through the construction process itself, to the sale or commercialisation of facilities;
Conducting real estate due diligence for buyers and sellers;
Ongoing management of a portfolio of mixed-use facilities.

Maciej Chrzan, LL.M.

Radca prawny (Attorney-at-law) | Partner

Michał Urbański

Adwokat (Attorney-at-law) | Counsel

We provide services to entities in the automotive sector by offering innovative solutions to legal and tax problems in all aspects of their operations. We advise both established vehicle manufacturers by supporting their sales activities, and suppliers and contractors in the automotive industry in a broad sense.

In particular, we:

advise clients on drafting general terms and conditions of contracts used in the automotive industry in professional and consumer trade;
advise clients on financing the acquisition of vehicles in retail (financing of end buyers) and wholesale (financing of dealers) in both legal and tax aspects;
support clients in all legal and tax issues concerning the development of a dealer network within the country;
provide legal and tax services for marketing campaigns conducted by our clients;
provide the necessary legal and tax services related to the day-to-day operations of car assembly plants and car component manufacturers at all levels of the supply chain (manufacturer – tier 1 supplier – tier 2 supplier);
advise clients on financing and acquisition of machinery, equipment and technological lines;
represent clients in product quality and dangerous product liability proceedings;
construct innovative legal solutions in response to the dynamic technological development of the industry.

Maciej Chrzan, LL.M.

Radca prawny (Attorney-at-law) | Partner

Marcin Chomiuk, PhD

Radca prawny (Attorney-at-law) | Partner | Head of M&A, Corporate and Commercial Practice

Barbara Kaczała

Radca prawny (Attorney-at-law) | Counsel | Co-Head of German Desk

We support our clients in numerous projects in the field of intellectual property, R&D, information technology and modern technologies. We provide services both in the cases where IP/IT is only a part of a larger whole, and where intangible assets constitute the core of the project. We develop and implement comprehensive legal solutions that enable our clients to achieve their long-term goals. We look at projects from a broad perspective, regardless of the area affected by new technologies: robotics, medicine, mobile applications, to name but a few. Owing to our knowledge of the new technology market and our understanding of our clients’ business needs we are able to provide legal services on an individual basis.

In particular, we:

draft implementation agreements and SLAs for IT systems;
prepare IP licences ranging from franchise agreements to offset agreements;
draf contracts for construction investments in the new technologies sector, including wind farms;
secure intellectual property rights in connection with external funding, marketing campaigns and projects in the new media areas;
support the process of obtaining software licences in the EULA model;
write regulations of services provided by electronic means and via mobile applications;
ensuring compliance of the personal data processing used in business processes based on new technologies.

Marcin Chomiuk, PhD

Radca prawny (Attorney-at-law) | Partner | Head of M&A, Corporate and Commercial Practice

Anna Matusiak-Wekiera

Radca prawny (Attorney-at-law) | Head of Data Protection | Compliance Practice

Magdalena Bartnik

Adwokat (Attorney-at-law) | Senior Associate

We know and understand the challenges of manufacturing and industry. We go hand in hand with the dynamics and diversity of these sectors by offering expert insights. For many years we have been advising leading members of the automotive sector on all aspects of their business. We are a trusted partner for the new technology industry, including robotics and industrial automation. We follow the principle of a comprehensive approach – we support our clients at the start of their activity by assisting at the laying of the foundation stone for the investment and we accompany them at the start-up of the first production line. We successfully support them in the construction of plants by advising on the purchase of land, participating in the selection of a general contractor, negotiations, as well as during the construction itself. We ensure the clients’ legal comfort in all areas: from real estate to construction law and contracts. We have experience in obtaining permits to conduct business in special economic zones. We draft contracts for entities at various levels of the supply chain. We provide legal security in crisis situations of missing and delayed deliveries, as well as in the case of deliveries of defective goods. We negotiate complex restructuring agreements.

In particular, we:

draft and review contracts for OEMs, Tier 1, Tier 2 and further subcontractors; in particular, we specialise in complex supply, tooling and R&D contracts;
prepare general conditions of sale and purchase;
advise clients on the acquisition of process lines and equipment;
develop solutions securing the client in case of non-payment by the counterparty;
comprehensively support the legal side of the production plant construction process;
develop and implement legal and tax concepts for doing business safely in Poland;
represent clients in court proceedings in cases concerning warranty and guarantee claims.

Marcin Chomiuk, PhD

Radca prawny (Attorney-at-law) | Partner | Head of M&A, Corporate and Commercial Practice

Barbara Kaczała

Radca prawny (Attorney-at-law) | Counsel | Co-Head of German Desk

We provide legal advice on the acquisition of industrial robots, production lines, industrial machinery and production automation in general. We support entities interested in the acquisition in the selection of an appropriate contract model and its negotiation. When working for machinery manufacturers or distributors, we prepare contract templates and general terms and conditions, and negotiate exceptions proposed by contractors. Our advisory services in the field of civil and commercial law are complemented by the experience of our experts in financing (e.g. leasing contracts, special forms of securing contracts) and tax law (e.g. all kinds of investment incentives in the form of tax allowances). If it is not possible for the counterparties to reach an amicable agreement, we represent our clients in court disputes.

In particular, we:

support the process of verification of the client’s potential counterparties;
advise the client on the choice of the contract template tailored to the client’s business needs;
analyse the contract template and general conditions that the client receives;
conduct contract negotiations in order to properly secure the client’s interests;
support clients in the event of issues with the removal of defects under warranty or guarantee;
prepare a withdrawal from the contract in the event of the counterparty’s non-performance of their contractual obligations;
represent clients in court disputes;
advise clients in the event of bankruptcy or restructuring of counterparties.

Wojciech Bazan

Adwokat (Attorney-at-law) | Partner

We advise clients in the fast-growing micro and shared mobility sector, including multi-platform urban mobility providers in the field of taxis, carsharing as well as scooter and city bike operators. When working for these entities, we prepare and update contract templates as well as general terms and conditions of service. We also assist clients in day-to-day operations by drafting and reviewing agreements to market and implement new solutions in mobile applications for clients. Our advice on civil and commercial law is supported by the experience of our experts in the field of personal data protection, taxes, as well as financing (short-term lease, rental and leasing agreements).

In the field of urban mobility, we conduct active legal monitoring, reacting to new legal solutions that may affect the industry. We also support our clients in administrative proceedings and in building and maintaining relations with state and local government institutions.

In particular, we:

draft contract templates and general terms and conditions of providing services to the client, taking into account consumer, competition and personal data protection regulations;
prepare legal and tax implementations of new solutions in mobile applications for clients, e.g. in respect of invoicing or transaction settlements;
analyse and provide our opinion on contracts which the client receives from the counterparties in the field of, among others, the servicing of equipment, marketing and advertising, as well as financing;
conduct contract negotiations in order to properly secure the client’s interests;
prepare solutions in the event of the counterparty’s failure to perform its contractual obligations;
support our clients in the process of building relationships with public entities and local governments;
analyse proposed legal solutions on the national and local level in terms of their impact and alignment with the current legal framework;
represent clients in administrative proceedings;
we provide comprehensive support in the area of personal data protection at each business stage, from developing business processes to their modification or removal.

Anna Matusiak-Wekiera

Radca prawny (Attorney-at-law) | Head of Data Protection | Compliance Practice

Magdalena Bartnik

Adwokat (Attorney-at-law) | Senior Associate

As a law firm, we regularly advise our clients in Polish and cross-border transactions involving financial products. As part of our practice, we provide services to both financial and non-financial sector entities. We specialise in financing and refinancing transactions in which we advise (both banks and borrowers) on developing transaction structures, preparing the relevant documentation (including the establishment of collateral) and implementing the prerequisites for the disbursement of funds. We also advise entities offering financial products (especially leasing and loans) on preparing documentation templates (both for B2B and B2C trade). We have extensive experience in developing debt restructuring plans, including established security instruments.

In particular, we:

advise clients on financing and refinancing agreements (both on the side of borrowers and lenders);
support clients in negotiations conducted by banks and investors;
develop and establish collateral instruments (in particular mortgages, pledges, registered pledges, sureties, guarantees, assignment agreements or bills of exchange);
prepare comprehensive documentation of financial products, in particular leasing and loans;
implement cash pooling structures;
create documentation of trade in receivables (factoring);
develop and implement debt restructuring plans (both for individual entities and groups of companies);
conduct due diligence processes of financial documentation;
assist the management boards in assessing and managing the risks of participation in lending to group companies;
adjust the structures of securities established on assets located in Poland as part of cross-border financing to the requirements of the Polish law;
design and analyse tax financing and collateral structures, both domestic and with foreign elements;
prepare legal opinions, capacity opinions and enforceability opinions.

Maciej Chrzan, LL.M.

Radca prawny (Attorney-at-law) | Partner

Michał Urbański

Adwokat (Attorney-at-law) | Counsel

Marcin Lewiński

Attorney-at-law in the Transaction and Contract Counselling Team.

We provide consultancy services to companies in the transport industry, involved in both freight and passenger transport by any means – be it air, land or sea. Owing to our interdisciplinary experience, we have a good understanding of the needs and requirements of the industry. We are also able to provide expert services to our clients operating internationally with the help of our extensive network of contacts with foreign lawyers. We assist our clients in the conclusion of freight forwarding contracts, the acquisition of logistics centres, the financing of business development, as well as in matters relating to labour law and the acquisition of vehicles for use in their operations. We also successfully represent our clients in disputes concerning the performance of transport activities, as well as in disputes with counterparties.

In particular, we:

assist clients in concluding contracts for the purchase and leasing of transport vehicles;
give opinions and prepare contracts of freight forwarding, transportation, storage, safekeeping, lease of warehouse space;
advise clients on securing receivables in transport (pledge on goods);
assist clients in the acquisition and financing of the acquisition of logistics centres and warehouses;
advise clients on international transport of goods based on the CMR convention;
assist clients in matters related to the labour law concerning employees of transport companies (e.g. posting of employees, drivers’ working time);
successfully handle litigation cases related to the transportation business.

Adrian Andrychowski

Adwokat (Attorney-at-law) | Counsel

Barbara Kaczała

Radca prawny (Attorney-at-law) | Counsel | Co-Head of German Desk

Guided by our concern for the environment, we support recycling companies and any other companies that are committed to conserving natural resources. We offer our services to companies engaged in traditional recycling (e.g. of tyres), as well as to companies focused on reducing greenhouse gas emissions (e.g. involved in the construction of charging infrastructure for electric vehicles – EV). Our interdisciplinary team successfully assists our clients in every sphere of their business in this industry. In particular, we support our clients in obtaining financing for their business development, securing their intellectual property rights and providing contractual advice on EPC investments.

In particular, we:

provide our clients with comprehensive advice on the construction and expansion of recycling plants;
support our clients in the process of negotiating and concluding contracts concerning their business;
advise clients on all issues related to real estate law, in particular on land remediation obligations;
assist clients in the process of obtaining financing for their business;
advise clients on securing their intellectual property rights;
successfully conduct litigation against our clients’ counterparties.

Adrian Andrychowski

Adwokat (Attorney-at-law) | Counsel

We are familiar with the specific nature of the fast moving consumer goods market and the needs of the market participants. We know how important in the FMCG market are responsiveness and simplicity in formulating and presenting legal content. After all, each of us expects an efficient warranty service for small appliances or a clear presentation of special offers in a marketing leaflet.

In particular:

We advise manufacturers of small appliances on developing distribution networks and warranty service networks;
We advise hygiene products manufacturers and manufacturers of food storage products on product-related aspects;
We advise FMCG companies on the legal and tax aspects of investment processes and on the development of production sites;
We advise FMCG market participants on the legal aspects of promotional campaigns and on building marketing strategies, we prepare regulations for special offers;
We advise FMCG market participants on all aspects of intellectual property protection, including trademarks and utility models, and on combating unfair competition;
We advise FMCG market participants on the development of loyalty programmes and on personal data protection.

Marcin Lewiński

Attorney-at-law in the Transaction and Contract Counselling Team.

For many years we have been a trusted partner for businesses in the agri-food industry. We advise agricultural producer groups on regulatory and registration matters, as well as on day-to-day operations by providing legal support in projects involving the acquisition and sale of enterprises, individual assets, and organised parts of an enterprise. We carry out transactions of sale and purchase of agricultural real estate combined with comprehensive due diligence. We specialise in advisory services for entities selling fruit and vegetables. Our knowledge of the industry allows us to successfully handle legal processes related to the sale and disposal of agricultural and food products. We support clients in meeting their waste and packaging management obligations. Our client portfolio includes, among others, renowned producers of table apples, Chinese cabbage and asparagus.

In particular, we:

comprehensively support the legal process of construction of production plants;
develop business restructuring solutions and implement strategies for company and asset acquisitions;
advise clients on the acquisition of process lines, equipment and machinery;
draw up harvest assistance contracts including social security aspects;
provide ongoing legal and tax advice;
develop and implement legal and tax concepts for doing business safely in Poland.

Andrzej Sokołowski

Radca prawny (Attorney-at-law) | Partner

Barbara Kaczała

Radca prawny (Attorney-at-law) | Counsel | Co-Head of German Desk

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. He represents clients in proceedings before common courts, in particular complex infrastructure disputes across the railway, road, energy, and building sectors, including those based on FIDIC standards. He advises regarding contractual penalties for withdrawal from construction contracts, contractual penalties for delays, remuneration for additional and substitute works. He also provides day-to-day legal advice on the performance of infrastructure projects. Author of numerous publications on bill of exchange law and settlement of additional works.

Professional experience

since 2019 JDP DRAPAŁA & PARTNERS
2017–2019 Sarbiński & Sobczyk

Education

2019–2022 Warsaw Bar Association, advocate trainee
2013–2018 University of Warsaw, Faculty of Law and Administration

Selected publications

“Bills of exchange under Polish law, part I”, Business Law Journal No. 2/2019
“Bills of exchange under Polish law, part II”, Business Law Journal No. 7/2019
“Remuneration for additional works under construction contracts”, Monitor Prawniczy No. 16/2019 – commentary to the judgment of the Supreme Court of 11.01.2017, IV CSK 109/16, LEX No. 2238237

Languages

Polish
English

Attorney-at-law in the Transaction and Contract Counselling Team. He specialises in conducting court proceedings, in particular proceedings associated with corporate disputes, M&A transactions and cross-border trading. He has represented clients in proceedings regarding liability for breach of representations and warranties given with respect to the sale of enterprises and in complicated corporate disputes over validity of resolutions on election of management board members. He has also represented foreign investors in disputes arising from breach of a shareholders’ agreement. He specialises in asset tracing and recovery matters. He also has experience in providing transaction advice to foreign entities carrying out investment projects in Poland.

Selected projects

representation of investors in complex post-transaction disputes resulting from breaches of representations and warranties given with respect to the sale of enterprises;
representation of a German manufacturer of technologically advanced machines on recovering assets worth over PLN 50 million;
representation of shareholders in a complex corporate dispute regarding validity of resolutions on election of management board members;
representation of a Danish administrator of bankrupt’s estate in a cross-border dispute regarding pursuing claims for delivery of marine fuel;
representation of a group of American shareholders in a start-up against a Polish shareholder in a dispute regarding the performance of a shareholders’ agreement;
conducting of litigations against and for management board members in connection with their subsidiary liability for company’s debts;
provision of pre-litigation advice to foreign real-estate funds;
legal advice to an English IT company on establishment of a Polish branch;
legal advice to an English investor operating in the renewable energy and recycling sector on investing in a tire pyrolysis plant.

Professional experience

since 2019 JDP DRAPAŁA & PARTNERS
2014–2019 Woźniak Legal

Education

2014–2017 Warsaw Bar Association, advocate trainee
2008–2013 Jagiellonian University in Cracow, Faculty of Law and Administration
2011–2012 School of American Law in cooperation with the Catholic University of America and the Jagiellonian University

Languages

Polish
English

Adwokat (Attorney-at-law) in the Transaction and Contract Counselling Team and in the Employment Practice.
Advises on mergers and acquisitions, joint ventures and restructuring processes. Supports clients at every stage of the transaction – from the development of its structure, through the coordination of due diligence, to the negotiation of documentation and the closing of the transaction. She provides day-to-day corporate advice to Polish and foreign companies with respect to civil law, corporate governance and compliance.
Magdalena specializes also in labour law, especially transactional and restructuring aspects thereof – including, in particular, the due diligence processes, the employment of the management board and their non-competition obligations as well as transfers of employment establishments. She drafts and assists in implementing the motivational programmes based on share subscription and phantom shares.
She also advises on the entry of foreign investors into the Polish market (so-called greenfield).

Professional experience

since 2018 JDP DRAPAŁA & PARTNERS
2016–2018 GM Legal Grot i Wspólnicy
2016 Peltzer Suhren Rechtsanwälte, Hannover, internship

Education

2018–2019 University of Warsaw, British Law Centre, Diploma in English and European Law
2017–2019 Warsaw Bar Association, advocate trainee
2010–2015 Maria Curie-Skłodowska University in Lublin, Faculty of Law
2013–2014 Leibniz Universität Hannover in Hannover, Faculty of Law

Languages

Polish
English
German

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. He represents clients in court and arbitration disputes, a vast majority of which concerns large infrastructure and large-size construction projects or supply of high-tech machinery (e.g. claims relating to unjustified contractual penalties, unsubstantiated use of a guarantee by an investor, refusal to pay for additional works). His experience also includes representation in disputes heard by international arbitration courts (e.g. a dispute before the ICC concerning a project carried out for an Asian counterparty on the African continent), including as part of investment disputes (BIT). In some cases, the value of claims exceeds PLN 200 million. He excels at conducting trials based on promissory notes and in proceedings regarding declaration of enforceability of judgments of foreign courts, including arbitration courts. In 2016 laureate of the prestigious competition “Rising Stars Lawyers — leaders of tomorrow”.

Selected projects

representation of general contractors (international concerns and Polish listed construction companies) in court trials against GDDKiA and PKP PLK regarding settlement of contracts for Polish largest road sections and railway lines, and payment of contractual penalties (the value of some disputes exceeded PLN 200 million; FIDIC standards);
representation of clients in complex court disputes including over ten parallel proceedings;
legal advice and representation regarding the extension of two largest airports in Poland;
legal advice and representation of manufacturers of complex machines, robots and railway vehicles;
representation of clients in court proceedings after withdrawal from contracts;
representation of a global clothing manufacturer in seeking debt claims from Polish counterparties (court proceedings, bankruptcy and enforcement proceedings);
member of the team representing a foreign investor in investment arbitration against Poland (ICC Rules);
representation of general contractors (the largest international and Polish listed construction companies) in court proceedings concerning unlawful call for payment of funds under the guarantee by a contracting authority (so-called proceedings blocking the use of a guarantee);
representation of clients in court trials concerning payment demands based on a promissory note.

Professional experience

since 2015 JDP DRAPAŁA & PARTNERS, since 2021 Partner
2011–2014 Sołtysiński Kawecki & Szlęzak
2011 Zhonglun W&D, internship

Education

2013–2016 Warsaw Bar Association, advocate trainee
2007–2012 Jagiellonian University in Cracow, Faculty of Law
2010–2011 The School of American Law at Chicago-Kent Law School

Languages

Polish
English
Italian

Associate in the Litigation and Arbitration Team, the Infrastructure Team. He advises clients in proceedings before common courts, in particular regarding infrastructure disputes. He has gained his experience in top Polish construction companies performing complex infrastructure projects for public contracting authorities. He also provides day-to-day legal advice on the performance of construction projects, including in particular on negotiations regarding amendments to construction contracts, performance of substitute works and pursuing claims relating to additional works.

Selected projects

legal advice to a consortium performing construction works in a “design and build” model with respect to claims and contract risk management
day-to-day legal advice to a general contractor with respect to a construction project, including negotiation of settlements to be concluded with third parties asserting claims against the general contractor
comprehensive legal advice on a construction project with respect to negotiation of contracts with subcontractors for construction works, supplies and services, including support in the process of direct payment by an investor to these entities from the perspective of the general contractor

Professional experience

since 2022 JDP Drapała & Partners
2021–2022 Wolf Theiss P. Daszkowski
2019–2021 POLAQUA
2019 Budimex

Education

2020–2022 Bydgoszcz Bar Association, adviser trainee
2014–2019 University of Warmia and Mazury in Olsztyn, Faculty of Law and Administration

Languages

Polish
English

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. She supports clients in proceedings before the National Appeals Chamber and common courts in particular from the construction and infrastructure sectors. She provides day-to-day legal advice on public procurement law at the stage of the tender procedure and the contract performance. She also has experience in pursuing claims in litigation and in enforcement proceedings, and in providing advice on property law.

Professional experience

since 2020 JDP DRAPAŁA & PARTNERS
2018–2019 JDP DRAPAŁA & PARTNERS, internship
2017–2018 CEE ATTORNEYS Szmigiel, Papros & Gregorczyk, internship
2017 European Parliament, Brussels, internship
2016–2017 PRA Group Polska, internship

Education

2020–2023 Warsaw Bar Association, advocate trainee
2019–2020 British Law Centre at the University of Warsaw
2014–2019 Cardinal Stefan Wyszyński University in Warsaw, Faculty of Law and Administration

Languages

Polish
English
French

Associate in the Energy and Renewables team. He specialises in energy law, with a particular focus on RES investments.
He advises Polish and foreign entities from the energy sector on regulatory, contract and corporate matters. He also assists clients in proceedings before the Polish Energy Regulatory Office. His experience also includes legal advice on investment processes, including in particular obtaining
administrative permits (construction, environmental, localisation permits) required to construct renewable energy sources.
He coordinates and draws up numerous due diligence reports regarding the RES sector. He has also been involved in M&A transactions in the RES sector.

Education

2011 – 2018 University of Warsaw, Faculty of Law and Administration

Pro bono

since 2014 – Director at the Legal Advice Bureau (organisation providing free legal advice to students in Warsaw).

Professional experience

since 2023 – JDP DRAPAŁA & PARTNERS
2022 – 2023 GNZ Legal Gorzelnik Nentwig Ziębiński
2018 – 2021 Maria Grzegorzewska Academy of Special Education

Languages

Polish
English
Russian

Partner, Head of the Transaction (Corporate M&A) and Contract Counselling Team. Expert on corporate law, M&A transactions, and contract advice. He specialises in advising leading automotive, production, and new-tech companies. Marcin has supervised M&A transactions both on the buy and sell sides and has supported clients in forming complex joint ventures. His experience also includes cross-border transactions carried out in cooperation with international law firms. He provides strategic and contract advice to businesses from the new technology sector, and he advises clients on implementing Industry 4.0. Marcin supports businesses on entering the Polish market, through acquisition, forming joint ventures, or establishing an own structure in Poland, including on constructing production plants or creating services networks. His assistance on company law and M&A transactions includes providing strategic advice on corporate disputes and post-M&A matters, where he combines corporate practice with theory. Co-author of the commentary to the Commercial Companies Code for the publishing house C.H.Beck; member of the Editorial Board of Monitor Prawa Handlowego; has degrees in law and economics obtained in Poland and abroad.

Selected transaction projects

advising a German industrial investor in connection with a joint venture implemented with Polish partners, concerning the construction of a facility producing offshore wind farm foundations;
advising a German industrial investor in connection with the acquisition of shares in a domestic electro-filter producer, followed by reorganisation of the corporate and operating structure;
providing legal services for a post-merger project at the stage of integration of production entities (limited liability companies and a joint-stock company), forming part of a leading automotive manufacturer’s group, into a capital group in Poland;
developing the strategy for and executing the exist of an industry investor who was a minority shareholder in a production company;
conducting legal and tax-focused due diligence reviews of target entities based in Poland and developing red flag reports on behalf of renowned international law firms.

Selected infrastructure projects

advising a Polish construction company joining a French capital group in a joint venture project with domestic and French partners concerning the construction of the biggest commercial centre in western Poland;
advising a general designer of a new power unit at the Jaworzno III Power Plant during the negotiations and implementation of the contract with the general contractor;
providing ongoing legal advice for an investor in connection with an investment project encompassing the construction of a power plant with a 600 MWe gas-steam unit.

Academic activity

lectures and training for the Polish-German Chamber of Industry and Commerce, the Polish-Swiss Chamber of Commerce in Poland, on subjects including framework conditions for industrial activity in Poland, conducting business on the German market and legal aspects of conducting business on the German market
lectures at the School of German Law, Law Faculty of the University of Białystok
member of the Editorial Board of Monitor Prawa Handlowego published by C.H. BECK

Professional experience

since 2007 JDP DRAPAŁA & PARTNERS, since 2015 Partner
2004–2006 Polish-German Chamber of Commerce and Industry in Warsaw – legal and economic advice on conducting business in Poland and Germany

Education

2013 Scholarship at the Max-Planck-Institut für Ausländisches und Internationales Privatrecht in Hamburg, Germany
2020 Akademia Leona Koźmińskiego in Warsaw, PhD in Civil Law
2004–2005 School of German Law at the University of Warsaw
2001–2003 University of Freiburg, Germany, Faculty of Law, Economics
2000–2001 University of Halle/Saale, Germany, Faculty of Law
1998–2003 University of Białystok, Faculty of Law
1996–1999 Warsaw School of Economics, Finance and Banking

Languages

Polish
German
English
Slovak

Attorney-at-law, Partner who manages the Real Estate Team. For over ten years he has specialised in providing day-to-day and transactional legal advice to clients from the real estate, construction and automotive sectors. He handles transactions involving purchase, sale and lease of commercial properties. He also supports clients in financing and refinancing projects regarding investments in the real estate market. Moreover, he advises clients on joint ventures and restructuring of corporate groups, and antitrust questions.

Selected projects

legal advice to a seller, a German commercial group, on the sale of over 100 supermarkets to the largest discount store operator in Poland;
legal advice to a seller, a German commercial group, on sale of nearly 20 supermarkets to a French commercial group;
legal advice to BMW on the long-term lease of a warehouse with an area of approx. 30,000 sq. m. in the “built-to-suit” formula;
legal advice to Ontex on the long-term lease of a production building with an area of approx. 26,000 sq. m. in the “built-to-suit” formula;
legal advice to a Polish company belonging to a German group on the sale of industrial and office properties;
legal advice to entities from Mercedes-Benz group on the purchase of properties destined for car showrooms and service centres;
legal advice to a holder of commercial facilities on the day-to-day management of over 100 commercial facilities with an area of 1,000–2,000 sq. m., including regulation of the legal status of the properties, management of relationships with lessees, lessors, and neighbours;
legal advice to a German bank on the cross-border financing and refinancing of the acquisition of office premises in Warsaw and commercial facilities in Gdańsk and Katowice;
legal advice to a German property fund on the cross-border restructuring of the financing of facility portfolios in four European jurisdictions in connection with bankruptcy of a bank acting as an insurance agent;
legal advice to a holder of commercial facilities on the financing and refinancing of commercial facilities, as part of domestic and cross-border financing;
legal advice to a Polish investor belonging to a German group on the new-build construction of a galvanising plant in central Poland;
legal advice to a Dutch investor on the new-build construction of a food production plant in a special economic zone in western Poland;
legal advice to Unternehmensgruppe-Melitta on the cross-border reorganisation of the group and the corporate structure of Polish companies from the group;
day-to-day legal advice to a leading Canadian provider of services for the automotive sector on the financing of operations in Poland and use agreements;
day-to-day legal advice to a German manufacturer of premium brand vehicles concerning all aspects of its operations, including the operations financing in the form of leasing and factoring.

Professional experience

since 2009 JDP DRAPAŁA & PARTNERS, since 2015 Partner
2005–2009 Beiten Burkhardt
2005 P + P Pöllath + Partners, Rechtsanwälte und Steuerberater, Munich (Germany)
Warsaw Bar Association, member

Education

2003–2005 Regensburg University, Fundamentals of German Law for Law Graduates of Foreign Universities Magister Legum – LL.M., postgraduate studies
1998–2003 University of Regensburg, Faculty of Law
1998–2003 Nicolaus Copernicus University in Toruń

Languages

Polish
German
English

Associate in the Transaction and Contract Counselling Team. She specialises in personal data protection, copyright, industrial property rights and new technologies law. She provides comprehensive legal advice to Polish and foreign entities with respect to IT agreements, IP and data processing agreements, administrative proceedings before the Provincial Administrative Court, Polish Patent Office and EUIPO, compliance of data processing with legal provisions, combating unfair competition, and due diligences.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2022 act BSWW legal & tax

Pro bono

2018–2020 Student Legal Advice Centre of Lazarski University

Education

since 2021 Lazarski University in Warsaw, doctoral studies, Law
2016–2021 Lazarski University in Warsaw, Law

Awards

2021 Rector’s Diploma of Recognition for graduation with distinction from the master studies in Law in the academic year 2020/2021
2021 Diploma of Recognition of the Student Legal Advice Centre for exemplary work for the Student Legal Advice Centre of Lazarski University
2021 Semi-finalist of the “IP Challenge” Nationwide Intellectual Property Law Competition

Languages

Polish
English
Italian

Attorney-at-law in the Litigation and Arbitration Team, and the Infrastructure Team. She advises clients on disputes related to constructure and infrastructure projects (including in particular real estate development and road projects).
She specialises in civil and commercial disputes before common and arbitration courts, including in particular with respect to infrastructure disputes. Her experience also includes advice on administrative law to entities from the construction and real estate sectors, procedures to regulate the legal status of real estate, and real estate due diligence. Her interests also include planning and zoning as well as real estate management.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2015–2022 NAWRAT & MARIAŃSKI
2014 Olszewski, Tokarski i Wspólnicy, internship

Education

2016–2020 Warsaw Bar Association, adviser trainee
2008–2013 University of Warsaw, Faculty of Law and Administration, Law
2007–2009 University of Warsaw, European Centre, European Studies

Języki

Polish
English

Tax adviser with over twenty years of practice. Expert on Polish and international tax law. She provides services to businesses operating in the construction, leasing, automotive and investment sectors. She has extensive experience in taxation of investment processes, real estate deals, leasing agreements, business financing agreements, as well as intra-group settlements and transfer pricing documentation.

Her advice includes in particular

advice on investment and restructuring processes;
advice on real estate trading;
advice on financial and leasing transactions;
advice on WHT matters;
advice on transactions with affiliated entities and preparation of tax documentation;
advice on taxation of Polish and foreign employees and managers;
advice to and representation of taxpayers in disputes with tax authorities.

Selected projects

tax advice on transferring a sales function of a production-commercial company and rules of determining a transfer price;
tax advice regarding a structure and taxation of a real estate project;
tax advice regarding the withholding tax on foreign intangible services provided for a Polish company;
tax advice to a German leading construction company on several transactions of selling production and commercial properties;
tax advice to an owner of shopping centres on their sale;
optimisation of trading shares in a real estate company for one of German leading construction companies;
tax advice to a German group of companies on cross-border taxation of goods deliveries to trade chains in Poland;
preparation of a comprehensive transfer pricing documentation to a client specialising in production and sale of construction materials;
advice on tax issues relating to leasing and lease of vehicles to a leading company from the automotive sector;
representation of a German company before a Polish tax office regarding VAT return;
representation of a German client in tax proceedings and before the administrative court regarding the withholding tax on capitalised interest on shareholder’s loans.

Professional experience

since 2010 JDP DRAPAŁA & PARTNERS
2001–2009 Beiten Burkhardt
2000 Pünder
2000–2001 Clifford Chance
1998–1999 Rödl & Partner
1992–1997 Chamber Office in Opole (head of department)

Education

1993–1994 Financial Studies Centre, Warsaw School of Economics, part of the Ministry of Finance’s programme
1986–1991 Wrocław Academy of Economics, Faculty of National Economy

Languages

Polish
English

Associate in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in civil and commercial cases, in particular construction and infrastructure disputes. She has extensive experience in handling disputes between shopping centres and lessees, especially those based on the rebus sic stantibus clause. Her experience also includes rendering legal services to creditors in bankruptcy and restructuring proceedings regarding their contractors. She provides day-to-day legal advice on court proceedings as well as infrastructure and construction projects.

Professional experience

since 2022 JDP Drapała & Partners
2018–2022 Rychłowski & Urbański
2017 Lexstone Lawyers, Jersey, internship

Education

since 2021 Warsaw Bar Association, advocate trainee
since 2020 Doctoral School of Social Sciences at the University of Warsaw, Law
2019–2020 Center for American Law Studies at the University of Warsaw
2015–2020 University of Warsaw, Faculty of Law and Administration, Law

Pro bono

2017–2018 Legal Advice Bureau at the Faculty of Law and Administration of the University of Warsaw
since 2021 Leader of the Legal Team in the Two Lines Association

Academic activity

Lecturer on public procurement at the Faculty of Law and Administration of the University of Warsaw, 2020/2021 spring semester
Participating in legal conferences, including international events
Academic publications on civil law, EU legislation, copyright, and medical law, including in the Medical Law Review, European Law in Practice and Scientific Publisher of the Adam Mickiewicz University

Languages

Polish
English
German

Partner heading the 40-person Litigation and Arbitration Team and the Infrastructure Team. For over 20 years he has been representing Polish and foreign entities in complex court and arbitration proceedings, regarding in particular construction and infrastructure projects. He also advises and represents companies from the automotive and real estate industries, manufacturers, technology suppliers as well as financial institutions. Ranked as “Leading Individual” in Poland in “Construction/Construction Disputes” by the international ranking The LEGAL 500 (2018 – 2023). He also advises leading contractors and private investors on execution of complex infrastructure and industrial projects.
He has served multiple times as an arbitrator in domestic and international arbitration proceedings (ICC, Deutsche Institution für Schiedsgerichtsbarkeit, National Chamber of Commerce – KIG, Court of Arbitration Lewiatan). Professor in Civil Law, Head of the Civil Law Department at Kozminski University in Warsaw. He has authored over 100 publications in the field of civil law, commercial law and arbitration, member of the Board of the Court of Arbitration at the Polish-German Chamber of Commerce and Industry, member of ICC Poland, member of Deutsche Institution für Schiedsgerichtsbarkeit, member of the Polish Arbitration Association, chairman of the Expert Group on Law and Legislation of the Polish Association of Construction Employers, member of the Public Procurement Council.

Selected court proceedings

representing a general contractor in court proceedings against a contracting authority concerning a claim for remuneration and damage redress in connection with construction of the National Stadium in Warsaw (value of dispute: over PLN 139 million, names of litigants published in mass media);
representing a general contractor in court proceedings against an employer regarding an amendment to an agreement, increase of remuneration and extension of a time for completion in connection with construction of a national road section (value of dispute: over PLN 325 million);
representing a general contractor in court proceedings initiated by a contracting authority regarding payment of a contractual penalty with respect to two public utility projects (value of dispute: over PLN 200 million);
representing a consortium in court proceedings against a public contracting authority regarding increase of remuneration and return of contractual penalties in connection with construction of the A4 motorway section (value of dispute: over PLN 200 million);
legal representation of a consortium in court proceedings against an investor regarding increase and payment of remuneration in connection with construction of a new power unit (value of dispute: over PLN 250 million);
legal representation of a consortium modernising three power units in one of the leading power plants in Poland in court disputes regarding payment of remuneration for additional works, costs of extension of time for contract completion and payment of contractual penalties (total value of disputes: over PLN 170 million);
legal representation of general contractor in court proceedings instituted by a public contracting authority regarding payment of contractual penalties for delay in connection with a hydrotechnical project (total value of disputes: almost PLN 180 million);
legal representation of a general contractor in court proceedings before the Supreme Court concerning withdrawal from a contract for construction of the Białystok city stadium by a contracting authority (value of dispute: over PLN 134 million);
legal representation of a general contractor in court proceedings against an investor regarding claims arising in connection with withdrawal from a road project contract due to mining damage (value of dispute: over PLN 100 million);
representing a general contractor in three court proceedings against a public investor regarding increase and payment of remuneration under three contracts for expressway sections construction (value of disputes: PLN 123 million, PLN 109 million, PLN 92 million);
representing a general contractors in court proceedings against an investor concerning payment of contractual penalties in connection with modernisation of a section of the Warsaw West–Warsaw Okęcie railway line (value of dispute: over PLN 72 million);
representing a general contractor in court proceedings regarding payment of remuneration in connection with construction of a metro line section (value of dispute: over PLN 60 million);
representing a general contractor in court proceedings against an investor concerning a claim for damage redress in connection with construction of a section of the Gdańsk Southern Bypass (value of dispute: over PLN 65 million);
representing an European market leader from the automotive industry in court proceedings against former board members for redress of damage inflicted on the company (value of dispute: over PLN 60 million);
representing a general contractor in court proceedings against an investor concerning a claim for remuneration and damage redress in connection with construction of a section of the Warsaw Southern Bypass (value of dispute: over PLN 62 million);
representing a general contractor of renovating and modernising a railway line in proceedings against an investor concerning a claim for remuneration and damages (value of dispute: over PLN 54 million);
representing a general contractor in court proceedings against an investor in connection with construction of Trasa Górna (“Upper Route”) road in Łódź (value of dispute: approx. PLN 23 million);
representing an investor from the automotive industry in court proceedings against a general contractor modernising and extending an industrial plant concerning a claim for payment of contractual penalties and damage redress (value of dispute: over PLN 20 million);
representing a Polish IT company in a precedent-setting court dispute with a stock exchange investor regarding redress of the so called stock exchange damage.

Selected proceedings before the Supreme Court

drafting a cassation appeal and legal representation of one of general contractors before the Supreme Court in proceedings concerning the Białystok city stadium (value of dispute: over PLN 134 million);
drafting a cassation appeal and legal representation of a general contractor before the Supreme Court regarding payment of a contractual penalty by a public contracting authority (value of dispute: over PLN 47 million);
drafting a reply to a cassation appeal and legal representation of a leading construction company in proceedings before the Supreme Court concerning the repealing of the ICC International Court of Arbitration’s award (value of dispute: over PLN 30 million);
drafting a reply to a cassation appeal and legal representation of a listed construction company before the Supreme Court in proceedings with a contracting authority being a self-government unit regarding groundless use of a performance bond (value of dispute: over PLN 33 million);
drafting two cassation appeals and legal representation of an investor from the automotive industry before the Supreme Court in cassation proceedings regarding liability of an enterprise purchaser in connection with a seller’s bankruptcy (value of dispute: over PLN 26 million);
drafting a cassation appeal and legal representation of a Polish investor before the Supreme Court in proceedings concerning the invalidity of an investment agreement (value of dispute: over PLN 12 million);
drafting 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 of dispute: over PLN 11 million);
drafting a cassation appeal and legal representation of a general contractor before the Supreme Court concerning claims for an increase of remuneration due to an extraordinary and unpredictable increase in prices;
drafting a cassation appeal and legal representation of one of the parties to cassation proceedings before the Supreme Court concerning interpretation and performance of a joint venture contract;
drafting a cassation appeal and legal representation of an entity eligible to purchase real estate before the Supreme Court in proceedings concerning the exercise of a pre-emption right (value of dispute: over PLN 10 million).

Selected arbitration proceedings

legal representation of a Polish manufacturer in arbitration proceedings before the National Chamber of Commerce concerning claims under a vehicle delivery contract (value of dispute: over PLN 104 million);
legal representation of a Polish general contractor in proceedings before the ICC against an investor in connection with construction of a national road section (value of dispute: over PLN 30 million); the outcome was that common courts and the Supreme Court dismissed the complaint to repeal an award of the ICC International Court of Arbitration;
legal representation of a Polish general contractor in proceedings before the ICC against an investor in connection with an infrastructure in Poland (value of dispute: over PLN 22 million); successful representation in proceedings before common courts regarding the repealing of an award of ICC International Court of Arbitration;
legal representation (together with a foreign law firm) of a company which owns a retail chain in arbitration proceedings before Deutsche Institution für Schiedsgerichtsbarkeit in a dispute concerning breach of representations and warranties given in an asset deal agreement (value of dispute: over PLN 32 million);
legal representation of a Polish general contractor in arbitration proceedings before the National Chamber of Commerce against a private investor regarding renovation of a prestigious real estate complex (value of dispute: over PLN 68 million);
legal representation of a Polish client in arbitration proceedings before the National Chamber of Commerce concerning claims for contractual penalties for late delivery (value of dispute: PLN 26 million);
legal representation of a Polish consortium leader in proceedings before the Court of Arbitration Lewiatan against a consortium member in connection with settlement of construction of an expressway section (value of dispute: approx. PLN 30 million);
legal representation of a Polish private investor in arbitration proceedings before the National Chamber of Commerce against a consortium in connection with construction of an industrial plant (value of dispute: over PLN 14 million);
legal representation of a general contractor in arbitration proceedings before the National Chamber of Commerce for payment of remuneration set off against a contractual penalty for delay in the course of a large-scale investment project (value of dispute: approx. PLN 10 million);
legal representation of a Polish branch of an international designing and engineering company in proceedings before the ICC against an Indian leading general contractor; the dispute concerned an infrastructure project in Libya;
legal representation of one of the world’s largest manufacturers of orthodontic products (seated in the Netherlands and in the USA) in two arbitration proceedings before the ICC against a Polish contracting party; the dispute regarded breach of an exclusive distributorship agreement (value of dispute: over USD 7 million);
legal representation of one of the world’s largest petrochemicals companies in post‑arbitration proceedings (award of the Stockholm Chamber of Commerce) and enforcement proceedings as well as arrangement proceedings of a Polish debtor.

(Experience as an arbitrator)

acting as the presiding arbitrator in international arbitration proceedings before the ICC between a group of German companies and a group of Austrian companies regarding breach of share deal agreements;
acting as the sole arbitrator in arbitration proceedings before Deutsche Institution für Schiedsgerichtsbarkeit between a Polish company and a German company regarding breach of a sale and purchase agreement;
acting as an arbitrator in ad hoc arbitration proceedings managed by the National Chamber of Commerce between a Polish contractor and a public contracting authority regarding an energy project (value of dispute: almost PLN 400 million);
acting as an arbitrator in arbitration proceedings before the National Chamber of Commerce between Polish companies regarding non-performance of a real estate sale agreement (value of dispute: over PLN 25 million);
acting as an arbitrator in proceedings before the Court of Arbitration Lewiatan in a dispute regarding agreements for lease in shopping facilities;
acting as an arbitrator in proceedings before the Court of Arbitration at the Polish-German Chamber of Industry and Commerce.

Selected experience in legal advice

advising a consortium on construction of ERTMS/GSM-R infrastructure on railway lines across Poland; contracting authority: PKP Polskie Linie Kolejowe S.A. (project value: PLN 2.8 billion);
advising a general contractor performing a key railway project in Łódź, contracting authority: PKP Polskie Linie Kolejowe S.A. (project value: over PLN 1.6 billion);
advising a general contractor constructing a section of the Gdańsk South Bypass; contracting authority: General Directorate for National Roads and Motorways (GDDKiA) (project value: over PLN 1.1 billion);
advising a general contractor constructing a section of Zakopianka road with the longest tunnel in Poland; contracting authority: General Directorate for National Roads and Motorways (GDDKiA) (project value: PLN 1 billion);
advising a general contractor constructing a section of the Warsaw South Bypass; contracting authority: General Directorate for National Roads and Motorways (GDDKiA) (project value: over PLN 908 million);
advising an investor in connection with EPC construction of a power plant with a 600 MWe gas-steam unit (project value: over PLN 1.6 billion);
advising a general contractor modernising a boiler furnace system of units in Bełchatów Power Plant; contracting authority: PGE GiEK (project value: over EUR 475 million);
advising a consortium of Polish and foreign companies executing EPC modernisation of units in Turów Power Plant; contracting authority: PGE GiEK (project value: over PLN 625 million);
advising general contractors during construction of the National Stadium in Warsaw; contracting authority: State Treasury – Ministry of Sports and Tourism and the National Sports Centre (project value: over PLN 1.5 billion);
advising general contractors during construction of the PGE Arena stadium in Gdańsk; contracting authority: City of Gdańsk and BIEG 2012 Sp. z o.o. (project value: over PLN 780 million);
advising a leading general contractor on extension of one of the largest passenger terminals in Poland (contract value: approx. PLN 370 million);
advising a consortium on construction of a railway line Warka-Radom, contracting authority: PKP Polskie Linie Kolejowe S.A. (project value: PLN 700 million);
advising a contractor modernising railway line sections No. 61 and 700; contracting authority: PKP Polskie Linie Kolejowe S.A. (project value: over PLN 270 million).

Academic activity

Associate Professor at the Civil Law Department at Kozminski University in Warsaw
since 2013, member of the Problem-Focused Team for service contracts in the new Civil Code
since 2009, member of the Problem-Focused Team at the Civil Law Codification Commission in charge of developing the general part of the obligations law

Professional experience

since 2008 JDP DRAPAŁA & PARTNERS, Partner; since 2020 Managing Partner
2001–2007 Gleiss Lutz
1997–1999 Rödl & Partner

Education

2011 Habilitation in Civil Law
2001 PhD in Civil Law
1990–1995 University in Toruń, Faculty of Law and Administration
1993–1994 Scholarship at Regensburg University, Germany
1995 Scholarship at Hamburg University, Germany
Double scholarship at the Max-Planck-Institut für Ausländisches und Internationales Privatrecht in Hamburg

Publications

Author of over 90 publications on civil and commercial law and arbitration, including System Prawa Prywatnego [Private Law System], vol. 5, 6 and 7 (Prawo zobowiązań – część ogólna, Prawo zobowiązań – część szczegółowa [Obligations law – general part, Obligations law – specific part] C.H. Beck, 2006–2020); co-author together with judges of the Supreme Court of a commentary to the Civil Code (Kodeks cywilny. Komentarz. Zobowiązania – część szczegółowa [Civil Code. Commentary. Obligations – specific part]), J. Gudowski (ed.), Wolters Kluwer, 2013–2017); author of monographs “Umowy odnoszące się do osób trzecich” [Contracts relating to third parties] (C.H. Beck, Warsaw 2016); “Prowadzenie cudzych spraw bez zlecenia” [Negotiorum gestio] (C.H. Beck, Warsaw 2010), “Przejęcie długu, przejęcie praw i obowiązków z umowy” [Take-over of debt and rights and obligations under an agreemen] (C.H. Beck, Warsaw 2016)

Languages

Polish
German
English

Attorney-at-law, partner, head of Energy / Renewables, with over twenty years of experience in advising Polish and foreign companies on, among others, crucial domestic investment projects regarding (conventional) energy sources and energy infrastructure.

He specialises in energy law with a focus on renewable energy. Michał advises clients on renewables development and acquisition projects, including in particular due diligence checks in M&A transactions and RES financing, primarily in the PV sector. He supports clients in regulatory issues, key aspects of energy agreements, including connection agreements, component supply agreements, construction contracts, O&M agreements, and long-term power purchase agreements between producers of energy and corporate recipients (PPA, cPPA).

Before joining JDP, he gained experience in global law firms, being in charge of the national energy practice in one of them. Michał has been regularly recognised in international legal rankings (Chambers & Partners, Who’s Who Legal, IFLR 1000, Legal 500). In 2020, he was granted the Lexology’s Client’s Choice award.

Selected projects

legal advice to an institution financing an RES producer on the provisions and parties’ rights and obligations under a power purchase agreement (vPPA) regarding energy produced from a photovoltaic power plant portfolio with a total capacity of over 70 MW, negotiated and concluded for more than 14 years between an RES producer and an end user (retail chain);
legal advice to an institution financing an RES producer on the provisions and parties’ rights and obligations under a power purchase agreement (vPPA) regarding energy produced from a photovoltaic power plant portfolio with a total capacity of 45 MW, negotiated and concluded for more than 12 years between an RES producer and an end user (food sector);
legal advice to an institution financing an RES producer on the provisions and parties’ rights and obligations under a power purchase agreement (vPPA) regarding energy produced from a photovoltaic power plant portfolio, negotiated and concluded for more than 11 years between an RES producer and an end user (industrial sector);
legal advice to an institution financing RES producers involving counselling and conducting a due diligence check regarding the financing of the construction of a photovoltaic power plant including over 250 photovoltaic installations with a total capacity of over 300 MW by more than 40 companies;
legal advice to an RES developer involving drafting and negotiating “turnkey” agreements, including photovoltaic power plant construction and maintenance agreements, key component supply agreements, O&M agreements for purposes of constructing photovoltaic power plants, real estate security agreements, participation in the auction procedure and regulatory issues related to obtaining concessions for power production;
legal advice to global high-tech companies, including the Fortune500 companies, on legal regulations regarding restrictions in power consumption and supply to data centres of these companies in Poland, including legal advice on securing an appropriate power supply level for data centres;
legal and contract advice to a heat power company on claims regarding the connection to a power grid in relation to a new power generating unit;
legal advice to an investor involving counselling and negotiation of claims regarding an agreement for design and construction of a 400/110 kV power station;
legal advice to a foreign fund involving counselling and legal due diligence regarding an investment agreement to finance the construction of a portfolio of photovoltaic power plants with a total capacity of 66 MW;
legal advice to a foreign investor involving counselling and legal due diligence regarding the acquisition of a portfolio of photovoltaic projects with a total capacity of around 80 MW;
legal advice to an investor involving counselling and legal due diligence regarding the acquisition of a portfolio of wind energy projects with a total capacity of around 101 MW;
legal due diligence for a foreign investor regarding the acquisition of a portfolio of photovoltaic projects with a total capacity of over 800 MW at various stages of the development, including RTB;
legal advice to a Lithuanian operator of a transmission system regarding a cooperation agreement with a Polish operator of a transmission system in connection with the construction of an HVDC submarine cable Harmony Link with a nominal capacity of 700 MW (Żarnowiec – Darbenai connection) – over 300 km in a project crucial for synchronising the Lithuanian, Latvian and Estonian power systems with the European system;
legal advice to a leading Polish energy company on preparing and selecting a foreign partner for a project involving offshore wind farms in the Baltic Sea;
contract advice regarding a main agreement and an LTSA and bidding in the utilities-sector competitive dialogue and technical dialogue regarding the supply and 10-year maintenance of a set (10) of compressor units for three gas compressor stations (Goleniów, Gustorzyn and Odolanów) within the Baltic Pipe program (project value: around PLN 550 million);
legal advice to an investor on negotiations regarding amending a contract for the construction of power units no. 5 and 6 at the Opole Power Plant. The amendment concerned force majeure events that occurred during over four years of the construction and additional performances on the general contractor’s part, where the amount of the general contractor’s remuneration was confirmed on the condition of meeting the deadline for the delivery of units no. 5 and 6 as agreed in the amendment (value of the entire project: around PLN 11.5 billion);
legal advice to a contractor from a consortium on negotiating an amendment to a contract for the construction of a state-of-the-art 1075 MW supercritical parameter unit at the Kozienice Power Plant. The amendment extended the time for project completion by several months in relation to the originally planned deadline for reasons independent of the parties (value of the entire project: around PLN 5.1 billion);
legal advice to, including representation of, contractors in a utilities-sector tender for the construction of a 450 MW power unit at the Turów Power Plant (project value: around PLN 1 billion);
legal advice to an investor on preparing and selecting a contractor regarding the construction and the functioning of the Gdańsk Oil Terminal – project of strategic importance for the development of the Polish economy and energy security (project value: around PLN 800 million);
legal advice to, including representation of, a winning consortium of contractors in a utilities-sector tender for the construction of a 910 MW power unit at the Jaworzno III Power Plant (project value: around PLN 5.4 billion);
legal advice to, including representation of, a winning consortium in a utilities-sector tender for the construction of two power units (5 and 6) at the Opole Power Plant with an installed capacity of 1800 MW (project value: around PLN 11.5 billion).

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2019–2022 Eversheds Sutherland Poland
2012–2019 Dentons
2008–2012 Wierzbowski Eversheds (now Eversheds Sutherland Poland)
2006–2008 Schampera Dubis Zając i Wspólnicy (now SDZLEGAL Schindelm)
2004–2006 Kancelaria Radcy Prawnego Michał Drozdowicz

Education

2000–2004 Olsztyn Bar Association, adviser trainee
1994–1999 Nicolaus Copernicus University in Toruń, Faculty of Law and Administration

Languages

Polish
English

Attorney-at-law with the Litigation and Arbitration Team, the Infrastructure Team. He has many years of experience in litigating cases connected with infrastructure investments (road building, including cases based on FIDIC standards) and advice on broadly understood real estate sector. He has provided advice, among others, to general contractors at the contract implementation stage and in disputes associated with important infrastructure investments. He has also supported investment funds in the process of asset purchase and management. He has represented clients in litigation and arbitration, among others within the scope of contractual penalties for withdrawal from construction contracts, contractual penalties for delays, fees for additional and substitute works.

Professional experience

since 2017 JDP DRAPAŁA & PARTNERS
2011–2016 Dentons Europe
2009–2011 State Treasury Solicitors’ Office

Education

2011–2014 Warsaw Bar Association, adviser trainee
2005–2010 University of Warsaw, Faculty of Law and Administration

Languages

Polish
English

Associate in the Transaction and Contract Counselling Team, attorney trainee at the Warsaw Bar Association. He specialises in company law, M&A and contract (commercial) advice. His experience includes commercial advice to foreign entities, especially from the German-speaking (DACH) area.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2022–2023 Von Zanthier & Dachowski Rechtsanwälte, branch in Berlin
2021–2022 Wardyński i Wspólnicy sp. k.
2020 PwC sp. z o.o. sp. k.

Education

2023 School of German Law, Faculty of Law and Administration, University of Warsaw
since 2023 Warsaw Bar Association, attorney trainee
2022–2023 Humboldt Universität zu Berlin, Law, Erasmus + programme
2018–2021 SGH Warsaw School of Economics, Finance and Accounting
2018–2023 University of Warsaw, Faculty of Law and Administration, Law

Languages

Polish
English
German

Associate in the Transaction and Contract Counselling Team. She specialises in M&A transactions, and corporate, commercial and contractual law. She advises, in particular, German-speaking clients. She has supported clients in restructuring of corporate groups belonging to international holdings. She advises entities from the production and automotive sectors on drafting general terms and conditions of agreements as well as delivery agreements.

Selected projects

day-to-day legal advice to a German automotive concern with respect to corporate and contract law and court disputes;
legal advice to one of the largest shale gas extraction companies in Poland;
day-to-day corporate advice to a German investment fund on the expansion of its operations in Poland;
day-to-day legal advice to a Canadian automotive concern with respect to corporate matters and contract law;
participation in restructuring of corporate groups belonging to international holdings operating in Poland, including participation in the sale of enterprises, their organised parts or assets.

Professional experience

since 2013 Management Board of the Polish-Austrian Lawyers Association, member
since 2009 JDP DRAPAŁA & PARTNERS

Education

2011–2012 University of Warsaw, postgraduate studies, Corporate Law
2003–2009 University of Mannheim, Commercial Companies Law and Labour Law, Germany
2006–2007 Uniwersytet Pàzmàny Pèter in Budapest, Faculty of Law

Languages

German (native)
Polish
English
Hungarian

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in domestic and cross-border proceedings conducted before common and arbitration courts. He has experience in legal advice for the construction and railway sectors, as well as advice within the scope of public procurement and corporate law.

Professional experience

since 2017 JDP DRAPAŁA & PARTNERS
2016 Kocur i Wspólnicy
2014–2015 JDP DRAPAŁA & PARTNERS, internship
2013 Volkswagen Bank Polska, Credit Risk Department, internship

Education

since 2016 Warsaw Bar Association, advocate trainee
2011–2016 Kozminski University, Law School
2011–2016 University of Warsaw, Faculty of Management

Languages

Polish
English

Associate in the Tax Team. He has extensive experience in supporting clients in disputes with tax authorities, related to tax and custom-fiscal inspections as well as tax and court-administrative proceedings.

He also provides advice on M&A transactions and company restructuring.

In addition to tax advice, he also holds seminars on tax matters for companies, financial institutions, manufacturers and local government units. Author of academic publications; lecturer at the Jan Kochanowski University in Kielce.

Selected projects

tax advice to a Polish listed company on acquiring an enterprise of an independent fuel logistics operator and asphalt production and sales facilities, including due diligence and advice on the transaction structuring;
tax advice in VAT-related proceedings against entities involved in carousel frauds;
tax advice in tax proceedings regarding CIT refund to taxpayers from a tax group operating in the publishing industry;
tax advice in penal-fiscal proceedings against members of executive staff.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2020–2022 Andersen Tax & Legal Matyka i Wspólnicy sp.k.
2020 Domański Zakrzewski Palinka sp.k.
2018–2020 Sadkowski i Wspólnicy sp.k.
2016–2018 TaxLab sp. z o.o.

Education

2020–2022 Warsaw Bar Association, advocate trainee
2016–2019 University of Warsaw, Finance, accounting and insurance
2014–2019 Cardinal Stefan Wyszyński University in Warsaw, Faculty of Law and Administration, special educational programme “Business Law”

Distinctions

Scholarship within the Santander Universidades programme for social involvement, initiatives for the university and special academic and non-academic achievements.

Languages

Polish
English

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in legal advice on infrastructure projects (including road and railway infrastructure) executed based on FIDIC standards, including in a “turnkey” formula. He has represented investors and general contractors in numerous court and arbitration proceedings conducted, among other things, based on the arbitration rules of ICC and the Court of Arbitration at the Polish Chamber of Commerce in Warsaw.

Professional experience

since 2019 JDP DRAPAŁA & PARTNERS
2015–2019 Clifford Chance
2014–2015 Linklaters

Education

since 2016 The Institute of Law Studies of the Polish Academy of Sciences, PhD studies, Civil Procedure
2015–2018 Warsaw Bar Association, advocate trainee
2009–2014 Nicolaus Copernicus University in Toruń, Faculty of Law and Administration

Languages

Polish
English

Attorney-at-law in the Public Procurement Team, the Litigation and Arbitration Team, and the Infrastructure Team. He provides comprehensive advice to Polish and foreign entities in the construction, road, transport and energy sectors, including in particular projects performed in the public procurement process and in the PPP formula. He advises both at the bidding and the performance stages. He has supported his clients in the largest infrastructure projects in Poland and in unique European infrastructure projects. He has also supported contractors in international tenders for projects within the NATO SECURITY INVESTEMENT PROGRAMME (NSIP) conducted on the basis of NATO directives.

Selected projects

Public procurement:

legal advice on competing for and performing the largest infrastructure projects in Poland (e.g. Warsaw Metro construction, construction of the tunnel in Świnoujście, construction of the Kraków Northern Bypass);
legal advice to a company from the largest Polish companies group in the power sector, including in the area of public procurement, i.a. for the modernisation of a hydroelectric power plant;
comprehensive legal advice to the largest Turkish pipe supplier in the proceedings conducted in order to conclude a framework agreement for the onshore part of the Baltic Pipe (the possible value of the contract under the framework agreement – approx. PLN 3 billion);

Legal advice to contractors on international tenders for projects within the NATO SECURITY PROGRAMME (NSIP) conducted on the basis of NATO directives.

Public-private partnerships:

legal advice on projects involving, among other things, the construction or expansion of transport infrastructure, including legal representation of the winning bidder in the proceedings regarding designing and constructing the Kraków Fast Tram – the largest PPP project of its kind in Europe;
legal advice on a number of projects in the area of waste management (construction of incineration plants) and improvement of energy efficiency of buildings, as well as roads construction and maintenance.

Representation of contractors and contracting authorities in numerous proceedings before the National Appeal Chamber and Regional Courts:

representation of a client in unique proceedings concerning an in-house contract for waste management for the City of Warsaw;
representation of a client in an unprecedented dispute regarding recognising an underground metro station as a building within the meaning of the Construction Law.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2017 – 2021 KKLW/Jacek Kosinski Adwokaci i Radcowie Prawni
2016 – 2017 Siedlecki Law Firm
2013 – 2016 Jacek Krężelewski Law Firm
2008 – 2013 TVP S.A., journalist

Education

2017 Maria Curie-Skłodowska University in Lublin, defence of a doctoral thesis
2014 – 2017 Warsaw Bar Association, advocate trainee
2007 – 2012 Nicolaus Copernicus University in Toruń, Faculty of Law and Administration
2006 – 2011 Nicolaus Copernicus University in Toruń, Faculty of Political Science and International Studies
He also completed a number of courses in media and new technologies law and EU law, including at such prestigious universities as King’s College London and University of Texas at Austin.

Languages

Polish
English

Attorney-at-law in the Transaction and Contract Counselling Team, in the Corporate and commercial disputes specialisation. He specialises in white collar crimes, including proceedings concerning alleged regulated market abuse (also in light of the Market Abuse Regulation), criminal fiscal proceedings and matters regarding administrative fines imposed on entrepreneurs. He represents clients as a defence counsel and an auxiliary prosecutor attorney.

He devises and audits internal regulations intended to mitigate entrepreneurs’ liability under the AML, whistleblowing, criminal compliance provisions.

Lecturer on white collar crimes and AML at the postgraduate studies at the Jagiellonian University. His publications could be read in Parkiet, Doradca Restrukturyzacyjny, Czasopismo Prawa Karnego i Nauk Penalnych, Przegląd Sądowy, Monitor Prawniczy, and others. Co-author of the Commentary to the act on counteracting money laundering and terrorist financing published by C.H. Beck (2021).

Selected projects

defending clients in criminal proceedings involving alleged fraud, acting to the company’s detriment, power abuse, misappropriation, VAT fraud, unauthorised access to information, bribery at executive positions, money laundering, participation in an organised criminal group;
defending clients in capital market-related criminal proceedings in connection with alleged stock market manipulation, unauthorised offering of financial instruments, insider dealing;
representing clients in proceedings regarding administrative fines imposed by the Polish Financial Supervision Authority on issuers and investment firms;
devising AML and compliance internal regulations (e.g. whistleblowing, anti-bribery, compliance and internal control system), also in light of the DPSN 2021 requirements.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2017–2022 Królikowski Marczuk Dyl adwokaci i radcowie prawni sp.p.
2016–2017 Chancellery of the President of the Republic of Poland

Education

2020–2021 Kozminski University, postgraduate studies, Compliance Analyst and AML
2017–2019 Warsaw Bar Association, advocate trainee
2011–2016 University of Warsaw, Faculty of Law and Administration

Languages

Polish
English

Associate in the Transaction and Contract Counselling Team. She specialises in providing day-to-day legal advice to companies, including corporate advice. She also provides contractual advice and advice in the field of commercial law. She has been involved in transactions, including mergers and acquisitions and joint ventures. She supports clients from the automotive, production, commercial and real estate sectors. She has gained experience in the fuel industry while advising on issues regarding energy law: procedures conducted by the Energy Regulatory Authority, concession procedures; civil law: dealer, franchising, lease and sales agreements; intellectual property law and labour law.

Professional experience

since 2019 JDP DRAPAŁA & PARTNERS
2018–2019 BP Europa SE Spółka Europejska Polish Branch
2017 Europa SE Spółka Europejska Polish Branch, internship

Education

2020–2022 Warsaw Bar Association, adviser trainee
2019–2020 Cracow Bar Association, adviser trainee
2018–2021 Jagiellonian University in Cracow, Faculty of Law and Administration, Intellectual Property and New Media Law
2017–2018 School of American Law at the Jagiellonian University in cooperation with the Catholic University Columbus School of Law in Washington
2013–2018 Jagiellonian University in Cracow, Faculty of Law and Administration, Law

Languages

Polish
English
German

Associate in the Real Estate Team. His core area of expertise includes real estate law, renewables and company law. He supports clients at all transaction stages regarding real estate acquisition (including asset deals and share deals), lease agreements (offices, warehouses, BTS) and negotiations. In his practice, he also conducts due diligence checks of real estate and prepares comprehensive transactional documentation. Moreover, he advises with respect to all real estate aspects regarding construction law, agricultural property purchase and sale, zoning and RES projects. He represents clients before administrative authorities and courts in cases related to real estate.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2019–2020 Nowakowski Tarsalewski Adwokaci
2018–2019 Office of enforcement officer Jacek Lewandowski at the District Court for Łódź-Widzew in Łódź

Education

since 2021 Łódź Bar Association, advocate trainee
2015–2020 University of Łódź, Faculty of Law and Administration

Languages

Polish
English

Associate in the Public Procurement Team, the Litigation and Arbitration Team, the Infrastructure Team. He provides day-to-day legal advice on public procurement, both at the stage of contract award and contract performance; he provides ongoing legal assistance to clients in proceedings before the National Appeals Chamber, common courts and public institutions.

He has advised local government units and municipal companies, held training sessions in public procurement, and provided day-to-day legal advice to contracting entities and contractors; he has been involved in investment projects worth up to PLN 2 billion, and provided comprehensive legal advice on public procurement and infrastructure projects.

Selected projects

coordination of a contractor’s legal team in two road projects carried out for the State Treasury – General Directorate for National Roads and Motorways with a total value of PLN 0.5 billion;
legal advice on a tender procedure for Special Economic Zones with a total value of around PLN 150 million gross;
participation and legal advice on investment projects (i.a. road projects) with a value of up to PLN 2 billion;
representation of contracting entities in tender procedures;
training sessions in public procurement, including the new public procurement law and contracts co-funded with EU funds;
day-to-day legal advice:
- on public contracts, including those co-funded with third-party funds (e.g. EU) worth up to PLN 50 million gross;
- to local government units, municipal companies (including multi-discipline ones) and commercial companies;
representation of contracting entities and contractors:
- before the National Appeals Chamber;
- in disputes with institutions managing EU-funded projects (i.a. with respect to the legitimacy of the funding adjustment).

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2023 SMM Legal Maciak Mataczyński Czech Sp. k.
2021–2022 DSK Depa Szmit Kuźmiak Jackowski Sp.k.
2016–2021 Kancelaria Radców Prawnych Zygmunt Jerzmanowski i Wspólnicy Sp. k.
2015–2016 SPS Tax & Law Szkudlarek i Wspólnicy Sp. k.

Education

since 2021 Poznań Bar Association, attorney trainee
since 2020 SWPS University, Doctoral Studies
2011–2016 SWPS University, Faculty of Law

Distinctions

Rector’s scholarship for the best students in the years 2012-2015 (four times)

Academic activity

Participation in academic conferences, including:

National Academic Conference held at the University of Bialystok entitled “Post-pandemic Reality. How has the coronavirus changed the world?”, author of a paper entitled “Public procurement in times of a crisis – key changes to counteract the effects of the CoViD-19 pandemic.” (2023)

Publications

2018 Co-author of the publication “Vademecum wójta, burmistrza, prezydenta” [Handbook for the commune head, mayor, president], C.H. Beck

Languages

Polish
English

Senior Associate in the Litigation and Arbitration Team, the Infrastructure Team. He provides legal advice on civil, administrative, commercial, corporate and economic law. In addition to drawing up court pleadings and representing clients before courts, his experience also includes supervising contracts (also those based on FIDIC standards) in terms of formal issues, including contracts performed by international entities. He also negotiates contracts, draws up opinions and assesses risks.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2016–2023 Katarzyna Kantorska Law Firm

Education

2017–2019 Regional Bar Association in Szczecin
2010–2015 University of Szczecin, Faculty of Law and Administration, Law

Languages

Polish
English

Expert in guiding large companies through changes in tax regulations. He gained experience in the largest international consulting companies. He specialises in tax processes and procedures and has extensive experience in developing and managing tax matters and risks in large global corporate groups. He has been involved in many projects related to business development (e.g. switching to the franchise model) and growth (e.g. expansion to foreign markets). Michał also advises with respect to tax reliefs and exemptions.

Selected projects

advising companies from IT and related sectors on tax reliefs and exemptions;
devising and implementing tax procedures for a large international construction company;
advising a large service company implementing the franchise model;
launching a global entertainment company on the Polish market (including the TP model).

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2019–2022 Andersen Tax & Legal
2010–2019 PwC

Education

2005–2010 University of Warsaw, Faculty of Law and Administration

Languages

Polish
English

Attorney-at-law in the Transaction and Contract Counselling Team. She specialises in commercial and corporate law, contract law and AML/CTF compliance. She advises on mergers and acquisitions, including share deals and asset deals. She also conducts and coordinates due diligence reviews. Moreover, her experience includes advising on projects across various sectors, including IT, RES and FMCG sectors. She ongoingly supports Polish and foreign clients on corporate issues, including corporate restructuring and corporate governance. She assists Italian-speaking clients with company law matters, however not only, as her experience also includes, among other things, cross-border inheritance proceedings.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2016–2022 WKB Wierciński, Kwieciński, Baehr

Education

2017–2020 Warsaw Bar Association, attorney trainee
2015–2016 University of Warsaw, Italian and European Law School
2014–2015 University of Turin, Erasmus+, Civil and Commercial Law
2012–2015 University of Warsaw, Italian Studies
2010–2015 University of Warsaw, Law

Languages

Polish
English
Italian

She specialises in acquisition (share deal and asset deal), financing and sale of real estate, including joint venture transactions. She conducts due diligence of real estate and prepares comprehensive transactional documentation. She supports clients in reviewing the legal and actual status of real estate, lease agreements for office, warehouse and commercial premises, as well as administrative decisions issued in the investment process.

Professional experience

from 2023 JDP Drapała & Partners
2021–2023 DWF Poland Jamka sp. k.
2020–2021 Allen & Overy, A.Pędzich sp. k.
2019–2020 Greenberg Traurig Nowakowska-Zimoch Wysokiński sp. k. (previously Greenberg Traurig Grzesiak sp. k.)

Education

2016–2021 University of Warsaw, Faculty of Law and Administration
2018–2019 British Law School

Languages

Polish
English
French

Attorney-at-law, Of counsel. A long-established expert on corporate law, M&As, commercial law, joint ventures, cartel law, as well as project development and financing. As part of the M&A practice, he advises Polish and international concerns on complex transactions, including cross-border M&As and joint venture agreements, e.g. to a German owner on the restructuring and subsequent sale of more than 210 discount stores, or to a German concern in connection with the construction of a facility producing offshore wind farm foundations in respect of the structure (SPV) and terms of cooperation with Polish partners, and the subsequent sale of its shares in the joint venture. He has also supervised corporate restructuring processes in a number of enterprises representing various sectors of the economy.
Author of publications in Polish and German on commercial law and cartel law, with subjects including: the exercise of voting rights from ownership interests/shares, contesting resolutions of meetings of shareholders/partners, representing limited liability companies in agreements with management board members, reporting and confidentiality obligations during due diligence reviews, manager buyouts (MBO) in joint-stock companies, and cross-border mergers. Author and editor of the Commentary on the Commercial Companies Code, C.H.Beck (3rd. ed. 2020) and Beck-online.

Selected projects

comprehensive advice to a German owner on the restructuring and subsequent sale of more than 210 discount stores (the operational part) to a leader on the Polish market;
comprehensive advice in respect of the structure (SPV) and terms of cooperation (joint venture) between a German concern and Polish entities in connection with the construction of a factory producing offshore wind farm foundations;
comprehensive advice to a German agricultural concern on the restructuring and subsequent merger of a number of joint-stock companies in Poland.

Academic activity

1996–1997 Lecturer at the School of German Law at the University of Warsaw

Professional experience

since 2020 Of Counsel, JDP DRAPAŁA & PARTNERS
2005–2019 JARA DRAPAŁA & PARTNERS (JDP DRAPAŁA & PARTNERS), Founding Partner, Managing Partner
1997–2005 Gleiss Lutz, Warsaw office, Co-founder, Managing Partner
1994–1996 Gurland & Lambsdorff, Frankfurt am Main
Member of the Deutscher Anwaltverein

Education

The Universities of Wrocław and Frankfurt am Main, Germany

Publications

Kodeks Spółek handlowych. Komentarz [Code of Commercial Companies. Commentary] (in the C.H. Beck Large Comment series), 2nd edition, Warsaw 2017
Kodeks Spółek Handlowych. Komentarz Online [Code of Commercial Companies. Online Commentary], published by C.H. Beck, 2nd edition, Warsaw 2017
Polnisches Kartellrecht [Polish cartel law] [in:] Handbuch des Wirtschaftsrechts in Osteuropa. Länderteil Polen, C.H. Beck, Munich 2015
Kodeks Spółek handlowych. Komentarz [Code of Commercial Companies. Commentary] (in the C.H. Beck Large Comment series), Warsaw 2014
Kodeks Spółek Handlowych. Komentarz Online [Code of Commercial Companies. Online Commentary], published by C.H. Beck, Warsaw 2014
Spółka akcyjna. Wzory dokumentów z komentarzem [Joint-stock companies. Model documents with commentary], Heymanns, Warsaw 2004
Numerous publications on company law, commercial law and cartel law, with subjects including: the exercise of voting rights from ownership interests/shares, contesting resolutions of meetings of shareholders/partners, representing limited liability companies in agreements with management board members, reporting and confidentiality obligations during due diligence reviews, manager buyouts (MBO) in joint-stock companies, and cross-border mergers

Languages

Polish
German
English

Attorney-at-law in the Transaction and Contract Counselling Team. She specialises in commercial and corporate law, compliance, and contract law. She provides day-to-day advice to entities with German and Swiss capital, including in particular drafting and negotiating contracts, such as complex contracts on distribution, supplies, and implementation of technological lines. She supports clients in the contract performance, also in crisis situations where a party does not perform a contract or performs it improperly. Her clients include international production and retail chains. She also has experience in helping foreign investors enter the Polish market, including obtaining permits for operating in Special Economic Zones. Her advice is focused on the client’s business needs and ensuring the highest level of legal security. She successfully represents clients in disputes regarding the contract performance.

Selected projects

participation in a project involving establishment of a company with Swiss capital, operating in the area of fastening technologies for the automotive industry, in a Special Economic Zone, including preparation and submission of an offer, carrying out of a legal due diligence of the property to be acquired, and provision of legal assistance with purchasing a property, participation in negotiations with the Zone, drafting of an agreement on hall construction based on the FIDIC standards, and participation in the negotiations with a general contractor; value of the transaction: PLN 22 million;
participation in purchasing an organised part of an enterprise (including movables in the form of sanitary appliances, rights and obligations under commercial contracts with customers and employment contracts) by a company with German capital; representation of a purchaser in the negotiations;
carrying out of a legal due diligence of an enterprise – a company operating in the sector of cullet sale and waste glass collection;
representation of an employer in court proceedings regarding Social Insurance Institution’s (ZUS) refusal to issue certificates on declaring Polish law the applicable law for social insurance (A1); obtaining favourable judgments for the client before the Appellate Court obliging ZUS to issue such certificates.

Professional experience

since 2020 JDP DRAPAŁA & PARTNERS
2018–2020 Rödl Kancelaria Prawna (Rödl & Partner)
2016–2018 Roedl, Majchrowicz-Bączyk Kancelaria Prawna (Rödl & Partner)
2014–2016 Koksztys Kancelaria Prawa Gospodarczego

Education

2015–2018 Wrocław Bar Association, adviser trainee
2012–2013 Humboldt University in Berlin, Erasmus programme
2009–2014 University of Wrocław, Faculty of Law, Administration and Economics

Languages

Polish
German
English

Senior associate, attorney-at-law in Data Protection and Compliance Team. She has experience in implementing requirements of the GDPR and conducting audits to assess compliance with personal data protection regulations. She participates in inspections and administrative proceedings conducted by the Polish President of the Office for Personal Data Protection and in proceedings before administrative courts. She is a member of the Polish Association of Data Protection Practitioners. She advises entrepreneurs active in various market sectors – she has worked, among others, for clients in the media, e-commerce, pharmaceutical and financial sectors. She was named in the Legal 500 (Legalease) EMEA Poland 2023 as a ‘key lawyer’ in the field of Data Privacy and Data Protection.

Professional experience

2021-2023 KLM Law Firm Kobylańska Lewoszewski Mednis sp. j.
2019-2021 EVERBERG Kancelaria Radcy Prawnego Radca Prawny Grzegorz Wanio
2016-2019 OWIW Legal Ostrowski Wołyniec i Wspólnicy Adwokaci sp. K.

Education

2019-2021 advocate training (Warsaw Bar Association)
2020-2021 postgraduate studies – law of new technologies (Kozminski University)
2018-2019 postgraduate studies – personal data protection law (Kozminski University)
2013-2018 law studies – master’s degree in law (Warsaw University)

Languages

Polish
English
French

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. She represents clients in complex disputes regarding infrastructure investment projects: railway and roads infrastructure, power engineering, large-scale facilities, including disputes associated with contracts based on FIDIC standards. She has represented clients in cases heard by international and Polish arbitration courts (proceedings conducted pursuant to regulations of ICC, SCC, SAKiG). She provides day-to-day advice on the performance of infrastructure projects. Author of publications in the field of arbitration, among other things; co-author of the Commentary to the Rules of the Court of Arbitration Lewiatan.

Selected projects

legal advice to a consortium of a general contractor on the construction of a railway station, including representation of the client in several multi-million-claim disputes and in mediation proceedings regarding claims against a contracting authority relating to the extension of the time for completion and claims regarding additional works;
representation of a consortium of a general contractor in multi-million-claim disputes, including proceedings for an injunctive relief, associated with performance of a large-scale facility and regarding contractor’s claims relating to the extension of the time for completion of works and to additional works, as well as claims of the contracting authority relating to contractual penalties and demands for payments under a guarantee;
representation of a general designer and its subcontractors in multi-million-claim disputes involving many parties relating to the modernisation of a large-scale facility and counter-claims for damages of a general contractor and a contracting authority;
representation of a general contractor in a multi-million-claim dispute relating to the modernisation of a railway line and claims against a contracting authority relating to the extension of the time for completion and a claim for payment of remuneration;
representation of a designer in a dispute relating to a project involving a large-scale facility and claims of a contracting authority for allegedly improper contract performance (a statement of claim filed by a contracting authority was dismissed by the Regional Court as the Court accepted the defence of lack of jurisdiction, an appeal filed by a contracting authority was dismissed by the Court of Appeal, a cassation appeal filed by a contracting authority was not accepted to be heard by the Supreme Court);
comprehensive legal advice to an investor, manufacturer of lubricants, on a project involving extension of a large-scale facility, including day-to-day advice on relationships with a general contractor and subcontractors, development of a pre-litigation strategy, and representation in court disputes regarding investor’s claim for payment of a contractual penalty and a recourse claim relating to direct payment to a subcontractor;
comprehensive legal advice to a contractor on three contracts for construction of regional roads, with respect to relationships with a contracting authority and consortium members;
representation of one of the largest construction companies in Poland in proceedings regarding an appeal against a judgment issued by the National Appeals Chamber regarding exclusion of the appellant’s bid from a tender procedure;
representation of a Polish subsidiary of an international steel and mining corporation in arbitration proceedings conducted pursuant to the rules of the ICC with respect to a real estate transaction;
representation of a Polish subsidiary of an international manufacturer and distributor of wire ropes in arbitration proceedings conducted pursuant to the rules of the ICC with respect to an M&A transaction;
representation of an international manufacturer and distributor of premium beverages in arbitration proceedings conducted pursuant to the rules of the SCC with respect to an M&A transaction;
representation of an investor in a construction dispute against a general contractor regarding liability for defects of a building under a quality guarantee;
representation of a general contractor in a multi-million-claim dispute relating to the construction of an expressway section, regarding claims against a contracting authority for payment of unpaid part of a lump-sum remuneration, reimbursement for indirect costs incurred due to the extension of a time for contract completion, payment for additional works, and declaration of non‑existence of an investor’s claim for payment of a contractual penalty;
representation of a general contractor in a multi-million-claim dispute relating to the construction of a bypass, regarding claims against a contracting authority for an increase of remuneration due to an extraordinary change in circumstances on the building production market manifested in an unpredictable increase in prices of materials, equipment, labour and subcontracting services, reimbursement for indirect costs incurred due to the extension of a Time for Completion, and payment for additional works;
representation of a general contractor in a multi-million-claim dispute relating to the construction of an expressway section, regarding a claim against a contracting authority for an increase of remuneration due to an extraordinary change in circumstances on the building production market manifested in an unpredictable increase in prices of materials, equipment, labour and subcontracting services;
representation of a general contractor in a multi-million-claim dispute relating to the construction of a building facility, regarding claims against a contracting authority for payment of unpaid part of a lump-sum remuneration, reimbursement for indirect costs incurred due to the extension of a time for contract completion, payment for additional works, and declaration of non‑existence of a contracting authority’s claim for payment of contractual penalties.

Professional experience

since 2020 JDP DRAPAŁA & PARTNERS
2017–2019 CMS Cameron McKenna Nabarro Olswang
2015–2017 CMS Cameron McKenna
2012–2014 Wardyński i Wspólnicy
2010–2011 SALANS

Education

2010–2011 University of Warsaw in cooperation with Università degli Studi di Catania, School of Italian and European Law
2010 Università di Bologna and University of Pittsburgh School of Law, Summer School in International Commercial Contracts
2009–2010 York Law School, University of York, Master of Laws in International Commercial and Corporate Law (LL.M.)
2008–2010 Leslie Silver International Faculty, Leeds Beckett University, Diploma Language Studies (Dip)
2002–2008 University of Wrocław, Faculty of Law, Administration and Economics

Languages

Polish
English
Italian

Associate in the Litigation and Arbitration Team, the Infrastructure Team. She provides legal advice to contractors and subcontractors, and ongoing support in court proceedings, in particular with respect to infrastructure disputes, including those based on FIDIC standards, regarding contractual penalties for withdrawal from construction contracts, contractual penalties for delays, and remuneration for additional and substitute works. Her professional interests also include copyright matters.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2021–2022 JDP DRAPAŁA & PARTNERS, internship
2019–2020 MKZ Partnerzy Michalak Kosicka Zawolski i Partnerzy Radcowie Prawni, internship

Education

since 2023 Warsaw Bar Association, advocate trainee
2017–2022 University of Warsaw, Faculty of Law and Administration

Languages

Polish
English
Spanish

Associate in the Litigation and Arbitration Team, the Infrastructure Team. He advises clients on court and arbitration proceedings regarding infrastructure disputes over remuneration indexation, additional works and contractual penalties for delay. He also specialises in day-to-day legal advice on construction projects. His experience also includes legal advice on banking and finance matters.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2021 – 2022 Leśny i Wspólnicy, internship
2020 – 2021 NGL Legal Wiater, internship
2019 District Court in Piaseczno, I Civil Division, internship

Education

2018 – 2023 Kozminski University in Warsaw, Faculty of Law and Administration
2021 – 2022 Students Legal Clinic at the Kozminski University in Warsaw, civil law section

Languages

Polish
English

Associate in the Transaction and Contract Counselling Team. He specialises in court proceedings, including in particular corporate disputes. His experience includes i.a. support in proceedings regarding complex corporate disputes over validity of resolutions on election of corporate bodies’ members and determination of the shareholding structure in companies.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2019–2021 JDP DRAPAŁA & PARTNERS, internship

Education

2016–2021 University of Warsaw, Faculty of Law and Administration

Languages

Polish
English

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in advising top construction companies on the performance of infrastructure projects, with particular focus on legal advice to general contractors, investors, subcontractors and designers. He represents clients in court proceedings regarding in particular abuse of a performance bond and contractual penalties for late payment of remuneration for additional and substitute works. In his career, he has also advised clients from the recruitment, finance and production sectors.

Professional experience

since 2017 JDP DRAPAŁA & PARTNERS
2016 Dentons Europe Oleszczuk
2014–2016 Kocur i Wspólnicy
2014 DLA Piper, internship
2014 CMS Cameron McKenna LLP, internship

Education

2016–2019 Warsaw Bar Association, adviser trainee
2009–2014 Jagiellonian University in Cracow, Faculty of Law and Administration

Distinctions

distinction for a written work — defendant’s memorandum — during the 21^st edition of the arbitration competition Willem C. Vis International Commercial Arbitration Moot (2014)
3^rd and 5^th place in the team category in the arbitration competition Foreign Direct Investment International Arbitration Moot (2013, 2014)

Languages

Polish
English

Associate in the Transaction and Contract Counselling Team. She advises on M&A transactions (including share deals, asset deals and joint ventures). She carries out and coordinates due diligence checks. Her experience includes day-to-day corporate advice to Polish and foreign entities, with a particular focus on carrying out reorganisation processes (mergers, transformation, division), devising and implementing corporate governance mechanisms, and handling capital changes in companies. Moreover, she advises clients on creating and negotiating commercial agreements.

Selected projects

legal advice on acquiring a majority shareholding in a global supplier of aluminium systems by a global leader in profile extrusion and PVC façade solutions and surface technologies;
legal advice to a European leader from the integrated facility management sector on taking over a company being the main provider of facility management services in Poland;
legal advice on devising a complex joint venture structure between a European garden and outdoor designer and one of the key manufacturers of metal products. The transaction included a transfer of shares in Dutch and Polish companies;
legal advice on reorganising Polish companies belonging to an international group being one of the largest manufacturers and suppliers of car parts providing original equipment to key manufacturers;
participation and coordination of a legal due diligence check involving CEE and EMEA jurisdictions.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2019 Allen & Overy, A. Pędzich, Banking & Finance
2017 Malecha Krzemiński Noga Law Office

Education

since 2022 Warsaw Bar Association, adviser trainee
2016-2021 University of Warsaw, Faculty of Law and Administration, Law
2015-2018 University of Warsaw, Faculty of Law and Administration, Local Government and Regional Policy

Associate in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in court proceedings regarding in particular infrastructure projects, including those based on FIDIC standards, with respect to contractual penalties and remuneration for additional and substitute works. He provides day-to-day legal advice on court proceedings and supports clients during performance of infrastructure and construction projects.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2022 – 2023 JDP DRAPAŁA & PARTNERS, internship

Education

since 2024 Warsaw Bar Association, advocate trainee
2018 – 2023 University of Warsaw, Faculty of Law and Administration
2019 – 2022 University of Warsaw, Faculty of Political Science and International Studies

Languages

Polish
English

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. He represents clients in proceedings before common and arbitration courts, in particular in complex infrastructure disputes, including those based on FIDIC standards. He has extensive experience in advising clients on complicated civil and commercial disputes before common courts, mediation proceedings and settlement negotiations. He represents both private and state-owned entities in disputes regarding infrastructure projects, real estate, and contractual and tort liability. Author of publications on civil proceedings.

Selected projects

representation of one of the largest Polish developers of office premises in multi-million disputes with buyers regarding guarantees;
representation of an investment fund in complicated court disputes encompassing more than ten simultaneous proceedings (value in dispute: EUR 50 million);
representation of general contractors (including multinational corporations and Polish construction companies) in court proceedings against GDDKiA and PKP PLK regarding settlements of contracts for road sections and railway lines, and contractual penalties (part of the disputes with a value of over PLN 50 million);
representation of public entities in numerous proceedings regarding e.g. refusal to recognise a judgment of a foreign court, release of seized goods with a substantial value from administrative enforcement, return of contractual penalties for a delay in the performance of a public contract, tort liability for actions taken by public authorities;
representation of a global hotel chain in disputes with service providers and contractors;
representation of large domestic entities (supplier of toys; the largest cosmetics wholesaler) in disputes regarding industrial property protection and unfair competition.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2020–2023 Dentons
2016–2020 State Treasury Solicitors’ Office
2012–2014 Nowicki&Ziemczyk
2009–2010 Szlenbaum&Kiełczewski
2007–2008 Constitutional Tribunal, intern

Academic activity

2018 Doctor of Juridical Science; doctoral thesis prepared under supervision of prof. dr. hab. Karol Weitz on domestic jurisdiction in insurance cases, defended with honours at the Civil Law Division, Faculty of Law and Administration at the University of Warsaw; 1st place in the Financial Ombudsman Competition (2019)
2011–2017 doctoral student/lecturer at the Civil Law Division, Faculty of Law and Administration, University of Warsaw
Author of academic publications on civil proceedings, and commentaries to certain provisions of the Civil Procedure Code edited by P. Rylski (Legalis)

Education

2019 entry to the list of attorneys-at-law kept by the Warsaw Bar Association
2013–2017 Warsaw Bar Association, advocate trainee
2011–2018 doctoral studies at the Civil Law Division, Faculty of Law and Administration at the University of Warsaw; doctoral thesis defended with honours on 8 October 2018; degree of Doctor of Juridical Science
2011–2013 The Rhenish Friedrich Wilhelm University of Bonn, Faculty of Law (LL.M.), graduated with distinction
2009–2010 School of German Law at the University of Warsaw
2006–2011 University of Warsaw, Faculty of Law and Administration, diploma with honours
2019 1st place in the category of doctoral theses in the Financial Ombudsman Award Competition for the best doctoral thesis on customer protection in the financial market
2018 distinction for the doctoral dissertation awarded by resolution of the Civil Law Division of the Faculty of Law at the University of Warsaw
2010–2017 scholarship of the Ministry of Science and Higher Education for scientific achievements, doctoral scholarship and scholarship for the best doctoral students at the Faculty of Law and Administration at the University of Warsaw, Thomas-Berberich Stiftung
2011–2012 Stiftung für die Deutsche Wissenschaft and DAAD scholarships

Languages

Polish
English
German

Associate in the Public Procurement Team, the Litigation and Arbitration Team, the Infrastructure Team. He provides legal advice at each stage of contract award procedures, with particular focus on construction and infrastructure projects. His legal services concentrate on providing day-to-day legal advice, in particular at the stage of the contract performance. He also supports clients in appeal proceedings before the National Appeal Chamber and common courts.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2021–2022 JDP DRAPAŁA & PARTNERS, internship
2020–2021 Dentons (Dentons Europe Dąbrowski i Wspólnicy sp. k.), internship
2019–2019 SPCG (T. Studnicki, K. Płeszka, Z. Ćwiąkalski, J. Górski sp.k.), internship

Education

since 2022 Warsaw Bar Association, advocate trainee
2017–2022 Jagiellonian University in Cracow, Faculty of Law and Administration

Languages

Polish
English
German

Associate in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in litigation before common courts, including in particular infrastructure disputes, including those based on FIDIC standards, regarding contractual penalties and remuneration for additional and substitute works. She provides legal advice to companies from the construction and infrastructure sectors.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2020–2022 Hogan Lovells, lawyer
2019 Hogan Lovells, internship
2018 Góralski & Goss Legal, internship

Education

since 2021 Warsaw Bar Association, adviser trainee
2022 University of Warsaw, English Studies
2020 University of Warsaw, Law

Languages

Polish
English
German

Associate in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in court proceedings regarding in particular infrastructure projects, including those based on FIDIC standards, with respect to contractual penalties and remuneration for additional and substitute works. She provides day-to-day legal advice on court proceedings and supports clients during performance of infrastructure and construction projects.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2021 – 2023 JDP DRAPAŁA & PARTNERS, internship
2021 Malecha Krzemiński Noga Law Firm
2020 District Court in Ostróda, internship

Education

2018 – 2023 Kozminski University in Warsaw, Faculty of Law and Administration

Pro bono

2021 – 2022 Maciej Bednarkiewicz Academia Iuris Foundation, volunteering
2020 – 2023 “Inter partes” civil law student association at the Kozminski University in Warsaw, vice-president

Languages

Polish
English

Associate in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in court proceedings, in particular infrastructure disputes, among others based on FIDIC standards. He has experience in advising companies from the construction and railway sectors, and providing legal support on public procurement matters and disputes over contractual penalties for withdrawal from construction contracts, contractual penalties for delays, remuneration for additional and substitute works, using or defending against using bank and insurance guarantees, withdrawing or defending against withdrawing from a contract, settling a contract in connection with the contract withdrawal. In JDP he provides legal support in court proceedings and infrastructure and construction projects.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2020–2022 JDP DRAPAŁA & PARTNERS, research assistant
2019–2020 JDP DRAPAŁA & PARTNERS, internship
2018 Sławomir Góźdź Law Office, internship

Education

since 2023 Warsaw Bar Association, adviser trainee
2017–2022 University of Warsaw, Faculty of Law and Administration

Distinctions

Rector’s scholarship for the best students at the University of Warsaw for the best students for the academic years 2017–2022 (five years in a row)
3rd place in the University of Warsaw Arbitration Moot 2019

Academic activity

2022 Nationwide Scientific Conference “Impact of foreign law on Polish private law”
2021–2022 Civil Law Science Club “Lege Artis”, chairman

Languages

Polish
English

Associate in the Transaction and Contract Counselling Team. Before joining JDP, she worked in a Polish branch of a European law firm chain. Her experience includes, among other things, M&A transactions and financing of assets (e.g. leasing of shopping centres and warehouse facilities) and real estate, including due diligences. She also supports clients in corporate matters by providing day-to-day legal assistance to companies.

Selected projects

acquisition of 50 per cent + 1 share in a company operating in the food production sector (bio food/vege) as part of the issue of subscription warrants and convertible bonds
recapitalisation by purchase of a minority stake in a company developing comprehensive gas extraction technologies

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2021–2022 DUBIJ LEGAL
2019–2021 act BSWW legal & tax
2017–2018 Piotr Wyrwicki Law Office

Education

2022-2023 Kozminski University in Warsaw, LL.M. (Master of Laws), International Commercial Law
since 2021 Warsaw Bar Association, advocate trainee
2015–2020 Kozminski University in Warsaw, Faculty of Law and Administration

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in civil law and administrative law. Author of over 70 scientific publications in the field of civil law (general part, property law, law of obligations) and public law. His publications on civil law deal with such issues as liability for the so called indirect damage, rebus sic stantibus clause, obligations denominated in foreign currencies, construction contracts and cooperative law. Co-author of the Commentary to the Civil Code edited by Konrad Osajda (Legalis – electronic edition, C.H. Beck – 2013 and 2017 printed editions), commentary to the act on repayment of certain outstanding amounts owed to companies resulting from performance of public contracts (Wolters Kluwer – Lex 2012 electronic edition, C.H. Beck – 2013 printed edition). Author of the commentary to the act of 21 June 1990 on return of benefits groundlessly gained to the detriment of the State Treasury or other state-owned legal persons (C.H. Beck – Legalis 2018, ed. K. Osajda).

Scientific activity

habilitated doctor of juridical science
since 2019 assistant in the Regional and Global Studies Department, Faculty of Political Science and International Studies, University of Warsaw
2012–2019 assistant professor in the Section of Law and International Institutions, Institute of International Relations, Faculty of Political Science and International Studies, University of Warsaw

Professional experience

since 2019 JDP DRAPAŁA & PARTNERS
2014–2017 Bureau of Research of the Chancellery of the Sejm
2010–2014 Salans/Dentons
2007–2011 Dąbrówka Municipality Office
2006–2007 Clifford Chance

Education

2007–2011 Warsaw Bar Association, adviser trainee
2006–2011 full-time PhD studies at the Institute of Civil Law, Faculty of Law and Administration of the University of Warsaw – PhD thesis defended with honours on 18.04.2011 – degree of Doctor of Juridical Science in the field of law
2005–2008 British Law Centre and European Law Centre at the Faculty of Law and Administration at the University of Warsaw
2002–2007 master’s degree in International Relations in the field of European Integration, Institute of International Relations at the Faculty of Journalism and Political Science at the University of Warsaw, honours degree
2002 passed examination for candidates for members of supervisory boards of state-owned companies
2001–2006 master’s degree in law sciences, Faculty of Law and Administration at the University of Warsaw, honours degree

Selected publications

Time-related consequences of legal transactions, pub. C.H. Beck, series: Private Law Institutions, Warsaw 2019
[in:] Commentaries to Private Law. Volume I. Civil Code. Commentary. General part. Introductory provisions of the Civil Code. Notary Public Act, ed. K. Osajda, Warsaw 2017
[in:] Commentaries to Private Law. Volume II. Civil Code. Commentary. Ownership and other real rights. Act on land and mortgage registers and on mortgage. Act on registered pledge and register of pledges, ed. K. Osajda, Warsaw 2017
[in:] Commentaries to Private Law. Volume IIIA. Civil Code. Commentary
[in:] Commentaries to Private Law. Volume IIIB. Civil Code. Commentary. Obligations. Specific part. Act on payment deadlines, ed. K. Osajda, Warsaw 2017
Act of 21 June 1990 on return of benefits groundlessly gained to the detriment of the State Treasury or other state-owned legal persons. De lege lata and de lege ferenda comments [in:] Law and State. Jubilee book for 200^th anniversary of the General Counsel to the Republic of Poland, ed. L. Bosek, Warsaw 2017
Civil liability for indirect infringement of personal interests, pub. Wolters Kluwer Polska, series: Monographs, Warsaw 2013
[in:] Act on repayment of certain outstanding amounts owed to companies resulting from performance of public contracts. Commentary, pub. C.H. Beck, series: Beck’s Short Commentaries, Warsaw 2013

Languages

Polish
English

Attorney-at-law in the Transaction and Contract Counselling Team. Marcin advises on M&A transactions and business reorganisations (mergers, demergers, transformations). He has extensive experience in handling and coordinating local and cross-border projects, including those under foreign laws involving foreign advisors and different stream advisors.

He conducts and coordinates due diligence reviews on both sides of the transaction (buyer & vendor due diligence).

He advises on all aspects of corporate law, including in particular establishment or winding-up of entities in Poland, devising and modifying of shareholding structures, creating and implementing corporate governance rules, converting receivables to equity and transferring funds to the shareholders.

He also handles drafting and negotiating of commercial contracts, including establishment of associated securities.

He has been recognized by Legal 500 as a recommended lawyer in the field of Corporate, Commercial and M&A.

Selected experience

Acquisition of 100% of the shares in one of the biggest facility management service providers, including a complex legal due diligence of the target, associated with assistance on financing and regulatory aspects.
Acquisition of 100% of shares in a Polish shared service centre owned by a leading energy service provider in Poland preceded by thorough due diligence of the Polish target conducted on a multinational level associated with financing security documentation.
Establishment of a high-tech IT logistics joint venture between Swiss and Polish companies with particular focus on IP rights related to an innovative IT solution, including establishing financial securities among entities involved in the transaction.
Cross-border reorganisation of entities owned by an Asian company listed on the Hong Kong Stock Exchange, operating in the real estate, aviation, beverage and restaurant chain sectors, including the cross-border merger of Polish and Hungarian companies associated with the transfer of the employment establishment, preceded by the transfer of assets and liabilities and the sale of shares.
Spin-off of two business lines of the leading global manufacturer of health, hygiene & home products based in UK, including: (i) coordination of incorporation of target entities in the CEE region, (ii) due diligence of over 100 commercial contracts in relation to their transferability and (iii) structuring and implementation of the demerger of the Polish joint-stock company
Complex restructuring of debts in a leading Polish private-owned heat and power group of companies including devising restructuring scenarios and corporate implementation.

Professional experience

since 2019 JDP DRAPAŁA & PARTNERS
2014–2019 PwC Legal Pawłowski, Żelaźnicki
2012 Zawisny & Zawisny P.C., New York
2011 T. Studnicki, K. Płeszka, Z. Ćwiąkalski, J. Górski

Education

2014–2017 Warsaw Bar Association, advocate trainee
2013–2014 University of Warsaw, postgraduate studies, Corporate Law
2008–2013 Andrzej Frycz Modrzewski Cracow University in Cracow

Languages

Polish
English
German
Spanish

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in court and arbitration proceedings, in particular regarding construction and infrastructure projects (primarily for the energy, road and tram sections) and production. She assists clients in developing strategies to resolve disputes amicably, including in negotiating settlement agreements; she also advises on post-arbitration and enforcement proceedings. Her extensive experience includes day-to-day legal advice on contract performance, including infrastructure projects and contracts awarded in the public procurement regime. Her clients include both investors and contractors. She effectively handles criminal proceedings and advises clients on managing crisis situations.

Selected projects

representation of a leading manufacturer of rolling stock in several court and arbitration cases regarding claims arising from a rolling stock delivery agreement;
contract advice and representation of leading construction contractors in proceedings seeking to increase their remuneration due to an unpredictable change in circumstances, i.e. an increase in costs of project performance on the construction production market, on the basis of the rebus sic stantibus clause;
representation of a contracting entity in complex court proceedings regarding a contractor performing an offshore project in a dispute covering claims regarding i.a. contract withdrawal;
representation of a leading contractor in multi-million court cases, including proceedings seeking injunctive reliefs, arising in connection with building projects and project payments (including a groundless set-off, contractual penalties and damages);
legal advice to an investor in connection with the performance of an EPC project regarding the construction of a power plant with a 600 MWe gas and steam unit (construction of the largest low-emission heat and power plant in Poland);
legal advice on sanction regimes, including special solutions regarding counteracting the promotion of aggression towards Ukraine;
acting as a counsel to harmed companies at all stages of criminal proceedings in white-collar crimes, including crimes related to the performance of public contracts.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2021–2023 Linklaters
2015–2021 JDP DRAPAŁA & PARTNERS
2013–2015 Sołtysiński Kawecki & Szlęzak, Katowice, Warsaw
2012–D. Abłażewicz M. Imieliński Law Office, Katowice
2011–2012 M. Fras. Ł. Kolny Law Office, Katowice

Pro Bono

Coordinator of pro bono activities at Linklaters (2021–2023);
Member of the Organising Committee of the Lewiatan Arbitration Competition organised by the Lewiatan Court of Arbitration (2017-2022);
Member of the Legal Team of the Bohaterów Wieży Spadochronowej scout troop of the Polish Scouting and Guiding Association (2013-2019);
Coach of the Team of the Faculty of Law and Administration of the University of Silesia at the 21st edition of the Willem C. arbitration competition. Vis International;
Member of the Students’ Legal Bureau of the Faculty of Law and Administration at the University of Silesia, Civil Law Section (2010–2012).

Education

2014–2017 Warsaw Bar Association, advocate trainee
since 2013 University of Silesia, Doctoral Studies, Law
2010–2011 Karl–Franzes Universität in Graz (Germany), Law
2008–2013 University of Silesia, Master Studies, Law

Publications

Skuteczność skarg o uchylenie wyroków sądów polubownych [Effectiveness of actions to set aside arbitral awards]; Przegląd Prawa Handlowego 4/2022;
Charakter prawny gwarancji przy sprzedaży w świetle nowelizacji przewidzianej ustawą o prawach konsumenta a jej kwalifikacja kolizyjno-prawna [Legal nature of the guarantee of sale in the light of the amendment provided for by the Consumer Rights Act and its qualification in terms of a conflict of laws]; Transformacje Prawa Prywatnego 3/2015.

Languages

Polish
English
German

Associate in the Litigation and Arbitration Team, the Infrastructure Team. He supports, advises and represents clients in complex court proceedings regarding infrastructure projects, among other disputes. He also advises on contract law. He has six years’ experience in advising on administrative proceedings and immigration law. In the years 2017-2020, he acted as a Permanent Mediator entered in the lists of mediators at the Regional Court in Warsaw and the Regional Court for Warszawa-Praga in Warsaw.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2022 – 2023 Eversheds Sutherland
2020 – 2022 KRP Adam Łopaciuk
2019 – 2020 Kantor & Acco Poland

Education

2019 – 2021 Warsaw Bar Association, adviser trainee
2015 – 2018 Cardinal Stefan Wyszyński University in Warsaw, Faculty of Law and Administration

Associate in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in proceedings before common courts, in particular in infrastructure disputes, among others based on FIDIC standards, regarding contractual penalties for withdrawal from construction contracts, contractual penalties for delays, remuneration for additional and substitute works. Moreover, she provides legal services regarding court proceedings and legal advice on infrastructure and construction projects.

Professional experience

since 2017 JDP DRAPAŁA & PARTNERS
2016–2017 JDP DRAPAŁA & PARTNERS, internship
2016 Kalinowski Wojciński Korzybski, internship

Pro bono

2014–2016 Academia Iuris foundation, volunteer

Education

2018–2021 Warsaw Bar Association, advocate trainee
2012–2017 Cardinal Stefan Wyszyński University in Warsaw, Faculty of Law and Administration
2011–2016 University of Warsaw, Faculty of Journalism and Political Studies, Institute of International Relations

Languages

Polish
English

Attorney-at-law in the Transaction and Contract Counselling Team. He has extensive experience in providing legal advice to and representing Polish and foreign top companies in civil, commercial and corporate disputes. He has successfully supported and represented clients in numerous proceedings before Polish common courts and international arbitral tribunals. His experience also includes providing legal advice on damages. He represents entities from the banking, private equity, infrastructure and energy sectors.

Selected projects

representation of a Polish leading energy company in several proceedings over claims regarding the purchase of a wind farm;
representation of a Spanish construction company in secondary bankruptcy proceedings in Poland;
representation of a railway company in court proceedings instituted by railway carriers;
representation of an investor (being part of a British investment fund) in disputes regarding the construction of a shopping centre;
representation of an American real estate fund in a court dispute with a Central European real estate investment fund regarding re-fund of costs of finishing works in one of the most prestigious A-class office complex in Warsaw;
representation of portfolio companies belonging to a British corporate group in several court proceedings regarding contractual penalties and damages arising from a contract termination, and numerous enforcement proceedings;
representation of a leading Polish rolling stock manufacturer in arbitration proceedings against a Russian company before the Stockholm Chamber of Commerce;
representation of and advice to portfolio companies of one of the largest private equity investors specialising in real estate in Central and Eastern Europe in three simultaneous ad hoc arbitrations in accordance with the UNCITRAL Arbitration Rules.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2014–2021 Linklaters C. Wiśniewski i Wspólnicy
2012–2014 District Court for Warszawa-Śródmieście in Warsaw

Education

2013–2015 Warsaw Bar Association, adviser trainee
2006–2011 Kozminski University, Faculty of Law

Languages

Polish
English

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in legal advice on the execution of complex construction projects concerning, among others, road and railway infrastructure (executed based on FIDIC standards) as well as communication and energy infrastructure. He also advises on the execution of large-scale projects (including execution of public utility facilities). He represents clients in litigation and arbitration with respect to, among others, contractual penalties for withdrawal from construction contracts, contractual penalties for delays, remuneration for additional and substitute works as well as indirect costs (overheads and construction general costs) in the extended time for completion. He advises participants of the construction process (general contractors, subcontractors, designers and investors) on mutual relationships, participates in negotiations concerning amendments to contracts, settlement of construction works (also after withdrawal from a construction contract), acceptances and claim adjustment procedures concerning construction and other damage. He represents clients in criminal proceedings regarding construction projects.

Selected projects

legal representation of a general contractor on the performance of a telecommunication project carried out for PKP PLK; project value: over PLN 2 billion;
legal representation of a general contractor on the performance of railway projects carried out for PKP PLK; projects value: over PLN 200 million;
legal representation of a general contractor on the performance of a road project for the General Director for National Roads and Motorways; project value: approx. PLN 230 million;
legal advice to a general contractor on the performance of road projects carried out for a local-government unit; projects value: over PLN 110 million;
legal representation of a general contractor in proceedings regarding the performance of railway projects carried out for PKP PLK; value in dispute: over PLN 87 million;
legal representation of a general contractor in proceedings against a public contracting authority regarding change of technology of viaduct construction for a “design and build” project; value in dispute: over PLN 24 million;
legal representation of an investor in proceedings against a general contractor regarding an industrial project in the paper industry; value in dispute: approx. PLN 24 million;
legal representation in proceedings against a general contractor and insurers regarding an industrial project in the cosmetics industry; value in dispute: over PLN 22 million;
legal representation of general contractors (top national and international construction companies) in court proceedings against GDDKiA regarding settlement of contracts for construction of motorways and expressways in Poland and payment of contractual penalties (including disputes exceeding PLN 100 million and FIDIC contracts);
legal representation of general contractors (top national construction companies) in court proceedings regarding performance guarantees and in disputes against Polish subcontractors;
assistance and advice during implementation and settlement of large-scale construction contracts with GDDKiA and PKP PLK;
legal advice on issues related to intellectual property rights, including in particular disputes regarding copyrights to architectural designs and project documentation in the context of large-scale construction contracts;
legal representation of parties in post-M&A arbitration and court proceedings (i.a. representations and warranties, accounting, insolvency and capital markets issues);
legal representation of parties to cross-border supply agreements and financing agreements in court proceedings;
legal representation of banks and construction companies as creditors in insolvency proceedings including insolvency proceedings with cross-border aspects;
legal advice on disputes related to loan, lease and agency agreements.

Professional experience

since 2014 JDP DRAPAŁA & PARTNERS
2013–2014 Röhrenschef
2011–2013 Allen & Overy

Education

2013–2015 Warsaw Bar Association, advocate trainee
2007–2012 Jagiellonian University in Cracow, Faculty of Law and Administration

Distinctions

distinction for written work — defendant’s memorandum in a competition for the Werner Melis award in the 18^th edition of Willem C. Vis International Commercial Arbitration Moot in Vienna

Languages

Polish
English
German

Attorney-at-law with the Transaction and Contract Counselling Team. She specialises in personal data protection. She advises clients on compliance of business processes with data protection regulations, GDPR implementation, post-implementation audits; she also performs duties of a data protection officer. For several years she has been providing legal advice on data protection to companies and other entities processing personal data, also being an information security administrator (currently data protection officer).
Member of the Committee for Data Protection at the Polish Chamber of Commerce; in the years 2016–2018 member of the Expert Committee for reforming data protection regulations in the European Union at the Inspector General for the Protection of Personal Data. She gives lectures on legal issues at a university; author of publications on data protection in specialist quarterly “ABI EXPERT”.
She is a certified auditor of internal quality management systems pursuant to ISO 9001:2000 standard and a lead auditor of information security management systems pursuant to ISO 27001 standard.

Academic activity

since 2016 data protection lecturer at the post-graduate studies at Kozminski University in Warsaw: protection of personal data and classified information
since 2016 participating in numerous seminars and conferences as a speaker and lecturer on data protection upon invitation of, among others, the Inspector General for the Protection of Personal Data (currently President of the Personal Data Protection Office), the Regional Bar Associations in Warsaw and Cracow, Allerhanda Institut in Cracow and others
2014 lecturer at the post-graduate studies at the University of Social Sciences in Warsaw: personal data protection

Professional experience

since 2020 JDP DRAPAŁA & PARTNERS; legal advice
2015–2020 legal advice on data protection to public and private entities
2016–2019 Institut of Industrial Chemistry of Prof. Ignacy Mościcki in Warsaw; legal advice; information security administrator and data protection officer
2018 Orange Foundation in Warsaw; data protection officer
since 2016 mytaxi Polska Sp. z o. o.; information security administrator and data protection officer
2015–2018 companies from the group of Mennica Polska; information security administrator and data protection officer
2002–2013 legal office of CIECH S.A.; legal advice also to companies from the group of CIECH

Education

2006–2009 Warsaw Bar Association; adviser trainee
2004–2005 School of German and European Law at the University of Warsaw
2004–2006 Harvard Business School Publishing and Canadian Institute, Strategic Leadership Academy; Improvement of Management Skills
2002–2003 Warsaw School of Economics, post-graduate studies, Company Law
1997–2002 Jagiellonian University in Cracow, Faculty of Law and Administration

Languages

Polish
English
German

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. Head of the Public Procurement Practice. He provides comprehensive legal advice to contracting authorities and contractors. He has also participated in proceedings before the National Appeals Chamber and the regional court. He specialises in contract law, infrastructure projects and law of the European Union. Author of publications in the field of public procurement and Community funds. Member of the Public Procurement Law Association. Lecturer at the post-graduate studies in the field of public procurement. He has gained experience in working at an institution supervising projects co-financed from EU funds, including as the head of the public procurement auditing division.

Selected projects

He provides day-to-day advice on largest infrastructure projects in Poland. Examples include:

construction of the section Czyżew – Białystok on the railway line E75 being part of the so called Rail Baltica (largest Polish railway tender in history);
construction of the ERTMS/GSM-R system on PKP PLK railway lines (second largest Polish railway tender in history);
design and construction of the Warsaw incineration plant;
design and construction of the exhibition and breeding pavilion for Asian fauna and flora in the Łódź Zoo;
construction of road S16 Olsztyn (S51) – Ełk (S61) section Borki Wielkie – Mrągowo;
modernisation of breakwaters in the Gdańsk North Port.

Professional experience

since 2015 JDP DRAPAŁA & PARTNERS
2013–2015 WKB Wierciński Kwieciński Baehr
2011–2013 public procurement auditing division in the unit responsible for execution of projects co-financed from EU funds, manager

Education

2010–2013 Warsaw Bar Association, adviser trainee
2003–2008 University of Rzeszów, Faculty of Law
2007 University of Genoa, Faculty of Law

Languages

Polish
English
Italian

Attorney-at-law in the Transaction and Contract Counselling Team. She specialises in legal advice in the field of new technologies law, intellectual property law, and contract law. She advises companies from the IT, medtech, automotive, and financial services sectors. Her experience also includes comprehensive advice to Polish and foreign companies on M&A transactions requiring a due diligence at the buy and sell sides.

Selected projects

advice with respect to copyright and civil-law claims of software creators arising from a cross-border agreement;
advice on negotiating and concluding agreements on industrialisation of a biotechnological solution;
advice on negotiating and concluding agreements on creating, customising, implementing, and maintaining software, including mobile apps;
carrying out a legal due diligence with respect to standard agreements, including identifying and modifying unfair contract terms;
drafting agreements on acquisition of rights to Internet domains and sui generis rights to databases.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2020–2021 Law firm of one of the “Big Four” companies
2015–2019 JDP DRAPAŁA & PARTNERS
2014 German-Polish law firm in Berlin
2013 Polish-German Chamber of Industry and Commerce in Warsaw

Education

2016–2019 Warsaw Bar Association, adviser trainee
2014–2015 ICC Arbitration and ADR Training Program organised under the patronage of the ICC International Arbitration Tribunal at the Faculty of Law and Administration of the Jagiellonian University
2013 The Summer School of Comparative EU-US Law organised by the Faculty of Law at the University of Białystok in cooperation with Michigan State University College of Law
2012–2013 School of German Law at the Faculty of Law at the University of Białystok in cooperation with Humboldt University in Berlin (Germany)
2010–2015 University of Białystok, Faculty of Law

Languages

Polish
German
English

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in legal advice on construction projects, including in particular road, railway, energy and industrial projects. He supports clients in the negotiation, performance and settlement of construction contracts in Poland and abroad, including contracts based on FIDIC standards (claim management). He represents clients in numerous proceedings regarding increase and payment of remuneration increased due to an unexpected change in circumstances of contract performance, including increase in production costs, on the basis of the rebus sic stantibus clause. He has extensive experience in handling disputes regarding payment of remuneration for additional or substitute works, pursuing or defending against contractual penalties for non-performance or improper performance of a contract, using or defending against use of a guarantee/security deposit, withdrawing or defending against withdrawal from a contract, contract settlement between consortium members. He also handles cases regarding, i.e. disputes over lease agreements, combating unfair competition, proceedings before market regulatory authorities as well as restructuring of companies.

Selected projects

contract advice to and representation of leading contractors performing construction contracts with respect to increase of remuneration due to an unexpected change in circumstances, increase of performance costs on the construction production market, on the basis of the rebus sic stantibus clause, based on FIDIC standards;
legal advice to a Polish company carrying out a project in Italy as well as representation of this company in a number of court proceedings;
legal advice to a Polish company belonging to a German corporate group operating in the construction sector in court proceedings regarding the largest projects in large-scale construction (multiarena) in Poland;
legal advice to a Polish company specialising in construction of engineering objects in arbitration proceedings regarding performance of a road contract in southern Poland and in a number of court proceedings;
day-to-day legal advice to a Polish design company belonging to a German corporate group in a number of court and pre-litigation proceedings as well as on performance and settlement of civil-law contracts concluded by this entity, including legal advice on copyright disputes;
representation of companies from the largest Polish corporate group from the fuel-energy sector in court proceedings regarding settlements with contracting parties;
legal advice to an automotive service provider from Canada as well as representation of this entity in a number of court and enforcement proceedings;
legal advice to a Polish listed company searching for and exploiting natural gas and petroleum fields in a dispute regarding making gas boreholes in south-eastern Poland;
legal advice to a Polish listed company, distributor of IT hardware in court proceedings regarding performance of a contract concluded as a result of a tender procedure;
legal advice to a leading bank in proceedings before the Head of the Competition and Consumer Protection Office.

Professional experience

2012–2017, since 2018 JDP DRAPAŁA & PARTNERS
2017–2018 Spaczyński, Szczepaniak i Wspólnicy
2011–2012 individual law firm, Lublin

Education

2010–2013 Lublin/Warsaw Bar Association, advocate trainee
2008–2009 Leibniz Universität Hannover, Faculty of Law
2005–2010 Maria Curie-Skłodowska Uniwersytet in Lublin, Faculty of Law

Languages

Polish
English

Attorney-at-law in the Transaction (Corporate M&A) Team. She advises Polish and foreign companies with respect to M&A, joint ventures, corporate restructuring, corporate governance and business development in Poland. She gained her experience in international law firms and in UniCredit AG in Munich where she advised on public companies bonds, government bonds and bonds of financial entities.

Professional experience

2015–2022 Wolf Theiss
2013–2015 Noerr

Education

2016–2019 Warsaw Bar Association, advocate trainee
2008–2013 University of Warsaw, Law and Administration

Languages

Polish
English
German
French

Associate in the Corporate and Commercial Disputes Team. She specialises in court proceedings, including in particular complex corporate disputes over the validity of resolutions of corporate bodies, determination of the shareholding structure, broadly defined financial services litigation, including representation of financial institutions in court proceedings regarding invalidity of provisions under contracts concluded with consumers, and acts of unfair competition.

For the past three years, she has also been handling civil and commercial proceedings regarding large infrastructure projects in Poland concerning primarily contractual penalties, withdrawal from construction contracts and remuneration for additional and substitute works. She has also advised entities from the construction, infrastructure and real estate sectors.

Professional experience

since 2020 JDP DRAPAŁA & PARTNERS
2020 JDP DRAPAŁA & PARTNERS, internship
2019–2020 Bartosz Głowacki Law Firm, internship

Education

since 2021 Regional Bar Association in Warsaw, advocate trainee
2020-2021 post-graduate studies, Public Procurement Law
2019–2020 TechLawClinic – international project co-financed from the Erasmus+ programme
2018–2020 School of German Law at the University of Łódź
2018–2019 University of Münster, Germany
2015–2020 University of Łódź, Faculty of Law and Administration

Awards

2016–2020 rector’s scholarship for the best students of the University of Łódź for academic achievements and high average grade

Publications

Szansa dla byłych członków zarządu spółki z o.o. na skuteczną obronę [Chance for effective defence for former management board members of limited liability companies]; Rzeczpospolita, 04.2023
Roboty budowlane: jakie roszczenia przysługują wykonawcy w razie przedłużenia okresu realizacji inwestycji [Construction works: what claims contractors have if the time for project completion gets extended]; Rzeczpospolita, 05.2021
Kiedy dojdzie do opóźnień – czyli jakie roszczenia mogą przysługiwać wykonawcy robót budowlanych w związku z przedłużeniem okresu realizacji inwestycji? [When delays happen – what claims construction contractors may have due to an extension of the time for project completion?] Raport Sekocenbud, 06.2021
Spory z zakresu robót budowlanych – zdarzenia z budowy należy dokumentować zanim dojdzie do sporu [Disputes over construction works – construction site events should be documented before a dispute arises]; Rzeczpospolita, 04.2021

Attorney-at-law in the Transaction and Contract Counselling Team, head of the Employment Practice. She advises employers on individual and collective labour law issues, day-to-day employee matters and crisis situations; she develops effective remuneration and incentive systems, participates in complex procedures of employment restructuring and layoffs, and advises in connection with transferring the entire or part of a work establishment. She also represents employers in the proceedings before employment tribunals, if a settlement is not possible. She is an author of a number of scientific publications on civil law and popular science publications in the field of labour law.

Academic activity

since 2020 lecturer in the Warsaw Bar Association on labour and civil law, advocate trainees programme
2015 Doctor of Juridical Science; she wrote her thesis under the supervision of Prof. Dr Hab. Krzysztof Pietrzykowski, entitled “Judicial sex change” at the Institute of Civil Law, Faculty of Law and Administration, University of Warsaw

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2016–2020 Kochański & Partners
2009–2015 Tomczak i Partnerzy

Education

2011–2013 Warsaw Bar Association, advocate trainee
2010–2014 University of Warsaw, Faculty of Law and Administration, PhD studies, doctoral thesis defended with honours
2009 Center for American Law Studies at the University of Warsaw, Faculty of Law and Administration, in cooperation with the University of Florida College of Law
2009 Karel de Grote Hogeschool in Antwerp, International Business Course, Erasmus programme
2005–2010 University of Warsaw, Faculty of Law and Administration, master’s thesis defended with honours

Languages

Polish
English

Associate in the Transaction and Contract Counselling Team. Advocate trainee at the Cracow Bar Association. He specialises in comprehensive legal advice on a range of commercial law aspects (including contract law) and labour law to foreign clients, particularly from the German-speaking countries. His experience also includes legal advice on elements of the German legal system. He is a certified Senior OHS Inspector.

Selected projects

participation in a project related to a German diesel emissions scandal, including ongoing legal support for German lawyers (German law);
participation in a project involving obtaining state aid for the construction of one of the largest factories in the automotive sector in the Wałbrzych Special Economic Zone (project value: approx. EUR 2 billion).

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2023 Olesiński i Wspólnicy sp.k., Cracow branch
2022–2023 Noerr Żelich sp. k., Warsaw
2021–2022 Rödl Kancelaria Prawna sp.k., Cracow branch
2019–2021 Fujitsu Technology Solutions sp. z o.o., Katowice branch (IT projects coordinator)
2019 TIGGES Rechtsanwälte und Steuerberater Partnerschaft mbH, Düsseldorf branch, Germany
2018–2019 Marek Płonka i Wspólnicy sp. k., Katowice branch

Education

2023 School of Austrian Law, Faculty of Law and Administration, Jagiellonian University in Cracow
since 2022 Cracow Bar Association, advocate trainee
2021–2022 Johannes-Gutenberg-Universität Mainz (Germany), Master of Laws (LL.M)
2021–2022 AGH University in Cracow, postgraduate studies, Occupational Health and Safety
2018–2019 School of German Law, Faculty of Law and Administration, Jagiellonian University in Cracow
2015-2020 University of Silesia in Katowice, Faculty of Law and Administration, Law

Pro bono

2018-2020 Legal Bureau, University of Silesia in Katowice, civil law and labour law

Języki

Polish
German
English

Associate in the Litigation and Arbitration Team, the Infrastructure Team. He supports clients in disputes regarding construction and infrastructure investment projects (in particular from the road, railway and energy sectors). He also has experience in the field of the industrial and intellectual property law. His academic interests include mainly the public banking law, and as a hobby he studies rhetoric and legal argumentation.

Selected projects

International Academic Conference “Security and Regulation of the Energy Market”
Logic Research Club at the Faculty of Law and Administration of the University of Łódź, founder

Professional experience

since 2020 JDP DRAPAŁA & PARTNERS
2019 Baker McKenzie
2019 Liberty Motors, Legal Department, internship
2018–2019 Mosty Łódź, Legal Department, internship
2017–2018 Sebastian Kostecki Law Firm, internship

Pro bono

Student Legal Advice Center at the Faculty of Law and Administration of the University of Łódź

Education

2015–2020 University of Łódź, Faculty of Law and Administration

Selected publications

Legal status of e-scooters and their users – planned regulations and solutions used in other countries – Internet Quarterly on Antitrust and Regulation

Languages

Polish
English
Spanish

Associate in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in proceedings before common courts, in particular disputes regarding infrastructure projects. She provides day-to-day legal advice on litigation and the performance of infrastructure and construction projects.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
since 2020 C.H. Beck publishing house, editor of legal publications
2021–2022 JDP DRAPAŁA & PARTNERS, internship

Pro bono

Student Legal Advice Center of the Cardinal Stefan Wyszyński University in Warsaw

Education

Cardinal Stefan Wyszyński University, Faculty of Law and Administration

Languages

Polish
English

Associate in the Transaction and Contract Counselling Team and the Employment Practice. She specialises in legal advice to business entities, including corporate advice to companies. She provides day-to-day advice on employment, company and commercial law, contract law and mergers and acquisitions. She has participated in M&A projects, including due diligences. Her experience in the field of employment includes day-to-day advice on individual and collective labour law matters and employment of foreign workers.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2019–2021 JDP DRAPAŁA & PARTNERS, internship
2017 Kancelaria Adwokacka Adwokat Andrzej Jakubowski in Katowice, internship

Pro Bono

2017–2020 Students Legal Clinic at the Kozminski University in Warsaw
2017 Court Watch Foundation

Education

2016–2021 Kozminski University in Warsaw, College of Law

Awards

2017–2021 Rector’s scholarship of the Kozminski University in Warsaw
2017–2021 Scholarship of the Kozminski Foundation

Languages

Polish
English

Associate in the Employment Practice. She advises Polish and foreign entities on individual and collective labour law matters. She also supports clients in M&A transactions, including employment due diligences.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2022 – 2023 Eversheds Sutherland Poland
2022 Greenberg Traurig Nowakowska-Zimoch Wysokiński

Education

since 2024 Warsaw Bar Association, advocate trainee
since 2023 University of Warsaw, postgraduate studies, Labour Law
2018 – 2023 University of Warsaw, Faculty of Law and Administration
2023 Université Catholique de Louvain, Erasmus programme
2020 – 2021 British Law Centre, University of Warsaw, Faculty of Law and Administration in collaboration with the Faculty of Law at the University of Cambridge

Pro bono

2022 – 2023 Labour Law Legal Advice Centre at the Faculty of Law and Administration at the University of Warsaw

Languages

Polish
English

Associate in the Transaction and Contract Counselling Team. She specialises in intellectual property law, new technologies law and personal data protection. She also has experience in M&A transactions, including legal due diligences. She advises Polish and foreign companies from the pharmaceutical, FMCG, IT, automotive and other sectors. She is also involved in pro bono legal advice.

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2020–2022 DLA Piper
2019–2020 Baker McKenzie
2017 Greenberg Traurig
2017 Noerr (Berlin)

Education

2020–2023 Warsaw Bar Association, advocate trainee
2014–2019 University of Warsaw, Faculty of Law and Administration
2017–2019 SGH Warsaw School of Economics, Global Business, Finances and Management
2014–2017 SGH Warsaw School of Economics, International Economics

Languages

Polish
English
German
French

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. She represents clients in proceedings before common courts and arbitral tribunals, including in particular in infrastructure disputes, including those based on FIDIC standards. She supports entities from the construction and infrastructure sectors. Her extensive experience includes drafting contracts for the construction industry, including construction, supervision, management and maintenance contracts.

Selected projects

advice to an investor on several road projects based on FIDIC standards, including representation in multi-million litigation, negotiations and mediation proceedings regarding claims for contractual penalties for contract withdrawal, remuneration for additional and substitute works, claims related to the time for completion extension, claims under performance bonds, subcontractor claims
advice to a public finance unit on operating a fee collection system

Professional experience

since 2022 JDP DRAPAŁA & PARTNERS
2021–2022 Ministry of Finance, Legal Department
2017–2021 State Treasury Solicitors’ Office
2010–2016 General Directorate for National Roads and Motorways

Education

2010–2013 Warsaw Bar Association, adviser trainee
2006–2007 Universidad de Burgos, Facultad de Derecho
2004–2009 University of Warmia and Mazury in Olsztyn, Faculty of Law and Administration

Languages

Polish
Spanish

Radca prawny (Attorney-at-law) in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in proceedings before common courts, in particular in infrastructure disputes, also based on FIDIC standards, regarding contractual penalties for withdrawal from construction contracts, contractual penalties for delays, remuneration for additional and substitute works. Moreover, she provides legal services regarding court proceedings and legal advice on infrastructure and construction projects.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2019–2021 PricewaterhouseCoopers Polska (PwC)
2019 Greenberg Traurig Grzesiak
2017–2019 Ernst & Young (EY)
2016 The Chancellery of the Prime Minister of Poland, internship
2016 Ministry of Finance, internship

Pro bono

2017–2018 Student Legal Advice Bureau at Kozminski University, civil law section

Education

2020–2022 Warsaw Bar Association, adviser trainee
2018–2019 University of Warsaw, American Law School
2014–2019 Kozminski University, Faculty of Law and Administration
2014–2019 Kozminski University, Faculty of Finance and Accounting

Awards

Golden Laurel of Kozminski University for outstanding academic achievements, Law 2019
2^ndplace in Tax Everest 2020 national competition for the best master’s thesis

Languages

Polish
English

Radca prawny (Attorney-at-law) in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in domestic proceedings before common courts with particular focus on infrastructure disputes, including cases based on FIDIC standards, regarding contractual and judicial indexation, remuneration for additional and substitute works, and contractual penalties for withdrawal from construction contracts and for delay. She has experience in providing day-to-day contractual advice and legal advice on construction and infrastructure disputes before common courts.

Professional experience

since 2019 JDP DRAPAŁA & PARTNERS
2018–2019 JDP DRAPAŁA & PARTNERS, internship
2018 Sołtysiński Kawecki & Szlęzak, internship
2016–2017 Szymańczyk Roman Deresz Karpiński, internship
2015 Siwek Gaczyński & Partners, internship

Pro bono

2017–2018 Student Legal Advice Bureau of the University of Warsaw, civil law section

Education

2020–2022 Warsaw Bar Association, adviser trainee
2014–2019 University of Warsaw, Faculty of Law and Administration

Languages

Polish
English

Associate in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in court proceedings, in particular in infrastructure disputes, including those based on FIDIC standards and regarding remuneration for additional and substitute works. Moreover, he provides legal services regarding court proceedings and legal advice on infrastructure and construction projects.

Professional experience

since 2020 JDP DRAPAŁA & PARTNERS
2018–2020 Miśkowicz Pach i Partnerzy

Pro bono

2017–2018 Member of the Student Legal Advice Bureau at the Jagiellonian University in Cracow

Education

since 2021 Warsaw Bar Association, trainee advocate
2015–2020 Jagiellonian University in Cracow, Faculty of Law and Administration
2019–2020 China-European Union School of Law at the China University of Political Science and Law in Beijing

Languages

Polish
English

Attorney-at-law, Partner in the Litigation and Arbitration Team, the Infrastructure Team. He is an expert in handling complex and multifaceted court and arbitration proceedings, including in particular construction and infrastructure projects, i.a. expressways, railways, sports facilities, logistics centres and shopping centres. He has successfully represented clients before common courts, the Supreme Court and arbitration courts (ICC, National Chamber of Commerce, Court of Arbitration Lewiatan). He advises contractors, subcontractors and private investors on performance of construction projects. He has conducted many complex proceedings, e.g. court disputes concluded in 2019 with settlements with PKP PLK S.A.; under the settlements the general contractor revitalising railway sections obtained over 40 million zloty.

Selected projects

legal advice to and representation of a general contractor performing sections of railway lines No. 201 (Kościerzyna–Gdynia) and 213 (Reda–Hel) in three disputes against an investor regarding, among other things, payment for additional and substitute works and contractual penalties charged by the investor;
legal representation of a general contractor in a dispute with a public contracting authority regarding contractual penalties for delay in removing several hundreds of defects of a group of complex facilities;
legal representation of a company from the automotive industry in three court disputes regarding a preliminary real estate purchase agreement;
legal advice to and representation of a general contractor performing one of the sections of S-6 expressway in a dispute against an investor regarding payment for additional and substitute works, costs related to the extension of the time for completion and additional costs arising from an extraordinary increase in prices on the construction market;
legal advice to and representation of a general contractor performing the so called Łódź Upper Route and W-Z Route in two disputes against an investor regarding payment for additional and substitute works and indirect costs relating to the extension of the time for completion of said project;
legal advice to and representation of a general contractor performing the Gdańsk Southern Bypass in three disputes against an investor regarding payment for additional and substitute works and an increase of costs of the project performance for reasons attributable to the investor and due to an extraordinary increase in prices;
legal advice to and representation of a general contractor performing the Warsaw Southern Bypass in two disputes against an investor regarding payment for additional and substitute works and an increase of costs of the project performance for reasons attributable to the investor;
legal advice to and representation of general contractors performing the National Stadium in Warsaw;
legal representation of a private investor in proceedings regarding removal of defects of a cosmetic products mixing facility and damages for these defects in a dispute against a general contractor and an insurer;
legal advice to a general contractor constructing the municipal police station in Łódź;
legal advice to a general contractor constructing the municipal police station in Piotrków Trybunalski.

Professional experience

since 2007 JDP DRAPAŁA & PARTNERS, since 2015 Partner
2005–2007 Regional Courts in Łomża and Warsaw, District Court for the Capital City of Warsaw in Warsaw, court referee
2003–2005 MLEKPOL, in-house lawyer
Białystok Bar Association, member

Education

2000–2001 University of Halle–Wittenberg, Faculty of Law
1996–2001 University of Białystok, Faculty of Law

Languages

Polish
German

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. She represents clients in proceedings before common courts, regarding in particular infrastructure disputes, including cases based on FIDIC standards, with respect to contractual penalties for withdrawal from construction contracts and for delay and remuneration for additional and substitute works. She has represented clients before common and arbitration courts in civil, criminal and commercial (including in particular corporate disputes) proceedings. She also has experience in advising businesses in compliance procedures.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2017–2021 NOERR Biedecki
2014–2016 DJBW Daniłowicz Jurcewicz Biedecki i Wspólnicy

Education

2021-2022 Lazarski University, post-graduate studies, Investment and construction process for lawyers
2016–2018 Warsaw Bar Association, advocate trainee
2010–2015 Cardinal Stefan Wyszyński University in Warsaw, Faculty of Law and Administration

Languages

Polish
English

Attorney-at-law in the Tax Team. He gained experience while working with experts from top international consulting firms.
The core area of his specialisation includes CIT and VAT matters that often require an interdisciplinary approach combining legal and tax expertise.
He has been involved in numerous projects regarding the assessment of tax implications of international cash flows (also in light of the withholding tax regulations). He has also advised clients on asset transfers (including real estate transfer), and identifying and minimising tax risks during tax audits (including due diligence).
His experience also includes day-to-day assistance in the form of the so-called hotline and advice on the VAT compliance (also to foreign companies operating in Poland).

Selected projects

devising and implementing tax procedures for a company belonging to a global group specialising in manufacturing and selling passenger lifts and escalators, with the primary focus on structuring and documenting responsibilities of persons whose actions affect the tax situation of the company in terms of VAT;
carrying out a tax analysis of intra-group cash flows regarding dividends, interest and royalties made within a global group manufacturing and distributing paints, enamels and varnishes in terms of the withholding tax regulations, and assisting in obtaining a ruling on applying preferential rules regarding the withholding tax;
advising on the restructuring of a Polish group operating in the catering sector including preparing the most advantageous and safe tax scenario allowing the accession by an external investor and the assessment of tax implications of each stage of the restructuring (including transfer of real estate);
carrying out tax due diligence and tax advice on the sale of logistics real estate assets by a top Polish manufacturer and distributor of furniture to a foreign investor;
assessing the possibility of applying the preferential 50% rate of tax-deductible costs for employees’ salaries in companies with the State Treasury’s participation in light of the introduction of a creative activity catalogue in the PIT act;
advising on applying innovation tax reliefs in an entity being a Polish manufacturer and distributor of garden architecture.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2017–2023 Andersen Tax & Legal Matyka i Wspólnicy sp.k.
2016–2017 Małkowski Kowalska Kancelaria Radców Prawnych sp.j., internship

Education

2016–2018 Warsaw Bar Association, adviser trainee
2010–2015 Maria Curie-Skłodowska University in Lublin, Faculty of Law and Administration

Languages

Polish
English

Associate in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in litigation before common courts, concerning in particular infrastructure disputes, including those based on FIDIC standards and regarding contractual penalties for construction contract withdrawal and remuneration for additional and substitute works, claims for time for completion extension, performance bond claims, and subcontractors’ claims. She provides legal advice to companies from the construction and infrastructure sectors.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2021–2023 Jakubaszek & Wspólnicy
2020–2021 Anna Kamińska Law Firm
2018 Instal Lublin

Education

since 2022 Warsaw Bar Association, adviser trainee
2016–2021 John Paul II Catholic University of Lublin, Faculty of Law and Administration

Languages

Polish
English

Associate in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in proceedings before common courts, in particular in the field of infrastructure disputes, including cases based on FIDIC standards, regarding contractual penalties and remuneration for additional and substitute works. She provides advice in court proceedings and on the performance of infrastructure and construction projects.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2017–2021 Kłoda Toczko Spółka Partnerska Adwokaci, internship

Education

since 2022 Warsaw Bar Association, advocate trainee
2016–2021 University of Warsaw, Faculty of Law and Administration

Awards

2018 Rector’s scholarship for the best students of the University of Warsaw for academic achievements and high average grade
2021 Graduate degree with distinction from the Faculty of Law and Administration

Languages

Polish
English

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in providing legal advice on the performance of construction and infrastructure projects, and representing entities (especially investors and general contractors) in court proceedings. Her experience also includes providing legal advice to entities from the real estate, energy, and e-commerce sectors, and carrying out due diligence checks of real estate.

Professional experience

since 2023 JDP DRAPAŁA & PARTNERS
2021–2022 DECISIVE Worldwide Szmigiel Papros Gregorczyk
2019–2021 Jakubaszek & Wspólnicy
2018–2019 Nowicki & Ziemczyk adwokaci i radcowie prawni
2016–2018 Jacek Stefaniuk adwokaci & radcy prawni
2015–2016 Bąkowski Kancelaria Radcowska

Education

2018–2021 Warsaw Bar Association, adviser trainee
2012–2017 Cardinal Stefan Wyszyński University in Warsaw, Faculty of Law and Administration

Języki

Polish
English

Attorney-at-law in the Real Estate Team. Expert in legal advice on the real estate trading, including joint ventures, financing transactions, lease agreements, construction law, administrative law and reprivatisation proceedings. He advises foreign and domestic entities in preparing and carrying out all stages of real estate transactions, from planning to preparing necessary documentation, negotiations with contracting parties to signing documents and potential further actions. He provides legal advice with respect to day-to-day portfolio management and restructuring and indebtedness of corporate groups, on the side of both borrowers and lenders. He advises clients mainly from the real estate industry but he also supports entities from other sectors, such as the production or automotive sectors, on real estate matters.

Selected projects

comprehensive legal advice to a Spanish investment fund on transactions involving purchase of office complexes in Poland, value of each transaction: at least EUR 20 million;
legal advice to a top Polish car dealer on the purchase of a building property in Warsaw worth over PLN 60 million;
legal advice to a top German automotive concern on the lease of warehouse space of over 30,000 sq. m. provided by a top warehouse developer in the BTS formula;
legal advice to a Belgian manufacturer of hygiene products on the lease of warehouse space of over 20,000 sq. m. provided by a top warehouse developer in the BTS formula;
legal advice to international developers regarding agreements on purchase of building properties in Poland, including preliminary purchase agreements
legal advice to international developers regarding investor’s representation agreements;
legal advice to a top German automotive concern regarding agreements on purchase of a number of building properties in Poland intended for service centres;
legal advice to a Japanese food concern on the management of Polish properties on which production plants are located;
legal advice to Polish companies constructing wind farms on obtaining project financing;
legal advice on the restructuring of the Polish part of a corporate group of a foreign investment fund including in particular in-kind contribution of assets in Polish companies to a new holding company and transfer of an enterprise in the form of an office complex;
legal advice to a German food concern on negotiating a lease agreement for office premises in Poland;
legal advice to a foreign shareholder of a company owning a hotel in the Old Town in Cracow in a corporate dispute;
legal advice to a Polish company on negotiating an agreement on sale of a historical palace in Cracow;
preparation, for heirs of a former owner of a manufacturing plant, of a constitutional complaint regarding declaration of invalidity of decisions issued pursuant to the Act of 3 January 1946 on takeover of basic branches of the national economy by the state.

Professional experience

since 2015 JDP DRAPAŁA & PARTNERS
2011–2015 Sołtysiński Kawecki & Szlęzak

Education

2010–2013 Warsaw Bar Association, advocate trainee
2008–2009 Center for American Law Studies, University of Warsaw and Levin College of Law, University of Florida
2005–2010 University of Warsaw, Faculty of Law and Administration

Languages

Polish
English

Associate in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in court proceedings, in particular in infrastructure disputes, among others based on FIDIC standards, with respect to contractual penalties, remuneration for additional and substitute works, and costs of contract performance in an extended time for completion. She also provides legal services regarding court proceedings, infrastructure and construction projects, and bankruptcy and restructuring procedures.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2021 JDP DRAPAŁA & PARTNERS, internship
2019–2021 JDP DRAPAŁA & PARTNERS, assistant
2019 LSW Leśnodorski, Ślusarek i Wspólnicy, internship
2017 Ministerstwo Nauki i Szkolnictwa Wyższego, internship

Education

2016–2021 Cardinal Stefan Wyszyński University in Warsaw, Faculty of Law and Administration
2015–2018 Warsaw University of Technology, Faculty of Administration and Social Science, Administration

Pro bono

Student Legal Advice Bureau at the Faculty of Law and Administration of the Cardinal Stefan Wyszyński University in Warsaw

Languages

Polish
English

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in disputes in civil cases, regarding in particular infrastructure projects (contractual penalties for the withdrawal from a construction contract or for delay, and remuneration for additional and substitute works), banking transactions (loans, bank guarantees), and criminal cases, regarding in particular frauds, forging documents and promissory notes, and abuse of powers in managing company’s affairs.
Her experience includes representing clients from the construction, banking and fuel sectors before common courts, arbitration courts and law enforcement authorities.

Selected projects

legal advice to a general contractor on the construction of a refinery installation, including legal representation in several disputes against a contracting authority and subcontractors, regarding the performance of a project, performance bond, and quality guarantee;
legal representation of a general contractor on the construction of a building, including legal representation in disputes regarding encashment of bank guarantees securing payment of remuneration for the project completion;
legal representation of a general contractor in a dispute regarding refund of an unduly encashed bank guarantee;
legal representation of a contractor in a dispute with a manufacturer of defective building materials;
legal representation of a contractor in disputes with subcontractors in connection with the performance of a contract;
legal representation of building materials manufacturers regarding frauds committed by their employees;
legal representation of banks in consumer disputes regarding credit agreements;
legal representation of shareholders of partnerships in disputes regarding an abuse of powers by the management board in running the company’s affairs;
legal representation of shareholders of partnerships regarding forging of documents and promissory notes.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2020–2021 Ożóg sp. z o.o. Pytlak Deja sp. k.
2018–2020 Viroux & Partners Kancelaria Adwokacka Adwokat Elżbieta Viroux
2015–2018 T. Studnicki K. Płeszka Z. Ćwiąkalski J. Górski sp. k.
2014–2015 Affre i Wspólnicy sp. k.

Pro bono

since 2020 Women’s Rights Centre Foundation, volunteer
2012–2013 Student Legal Advice Center at the Faculty of Law and Administration of the University of Warsaw

Education

2020–2021 Jagiellonian University in Cracow, Faculty of Law and Administration, postgraduate studies, Penal Commercial Law and Penal Fiscal Law
2015–2018 Warsaw Bar Association, advocate trainee
2014 University of Zagreb, Faculty of Law, scholarship
2019–2014 University of Warsaw, Faculty of Law and Administration

Languages

Polish
English

Associate in the Litigation and Arbitration Team, and the Infrastructure Team. He gained experience in top Polish law firms and in the legal department of a leading general contractor performing infrastructure projects. He specialises in court proceedings regarding mainly infrastructure disputes. His experience includes legal advice to the construction, railway and energy sectors. He handles disputes regarding contractual penalties for contract withdrawal, contractual penalties for delay, remuneration for additional works, payments in connection with contract withdrawal. He provides day-to-day legal advice on court proceedings and infrastructure and construction projects.

Selected projects

2022 – National Scientific Conference ‘Influence of foreign law on Polish private law’
2021 – 2022 Civil Law Science Group ‘Lege Artis’, Vice-President

Professional experience

since 2023 JDP Drapała & Partners
2022 – 2023 DWF Poland Jamka sp. k., junior associate
2021 – 2022 Budimex S.A., internship
2020 – 2021 Kochański & Partners Sp. k., internship
2019 – Królikowski Marczuk Dyl, internship
2018 – 2019 Sławomir Góźdź Law Firm, internship

Education

2017 – 2022 University of Warsaw, Faculty of Law and Administration, graduation with honours
2021 – 2022 American School Law

Languages

Polish
English

Radca prawny (Attorney-at-law) in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in civil and commercial proceedings, in particular infrastructure disputes, including those based on FIDIC standards, regarding contractual penalties for withdrawal from construction contracts, contractual penalties for delays, and remuneration for additional and substitute works. She also provides legal advice for companies from the construction and infrastructure sectors. She has experience in handling proceedings regarding liability for damages, including with respect to infrastructure projects, and company law.

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2019–2021 General Counsel to the Republic of Poland, attorney assistant
2019 law firm of Krzysztof Rąpała

Education

2020–2022 Warsaw Bar Association, adviser trainee
2014–2019 University of Warsaw, Faculty of Law and Administration

Awards

2020 Dean’s Recognition Award for the best entrance exam results (Warsaw Bar Association)
2019 Dean’s Recognition Award for the graduates of the Faculty of Law and Administration for academic achievements and high average grade
2015, 2017, 2018 Rector’s scholarship for the best students of the University of Warsaw for academic achievements and high average grade

Languages

Polish
English

Attorney-at-law in the Litigation and Arbitration Team, the Infrastructure Team. She specialises in complex court disputes, including in particular infrastructure disputes (with some claims exceeding PLN 250 million). Her experience includes legal advice to leading, entities (mainly international companies) from the construction and infrastructure sectors especially regarding the performance and settlement of construction works, including based on FIDIC standards, withdrawal from construction contracts, post-withdrawal payments for works, contractual penalties for delay and payments for additional works. She also advises entities from the industrial sector.

Professional experience

since 2019 JDP DRAPAŁA & PARTNERS
2018–2019 Rączkowski Kwieciński Adwokaci Law Firm
2018–2018 Rączkowski Kwieciński Adwokaci Law Firm, internship
2017–2017 Błażejowska Nowakowski Radcowie Prawni Law Firm, internship

Education

2022–2023 SGH Warsaw School of Economics, post-graduate studies, legal and economic foundations of the investment and construction process
2019–2022 Warsaw Bar Association, advocate trainee
2013–2018 University of Warsaw, Faculty of Law and Administration

Languages

Polish
English

Head of the Tax Team. Tax adviser with over twenty years of experience, including in Big Four companies. Expert on Polish and international tax law, including restructuring, mergers and acquisitions of enterprises, tax proceedings for both Polish and foreign entities. She advises Polish and foreign clients, including French-speaking entities, from key sectors of the economy (energy sector, trade, real estate, FMCG). Author of numerous Polish and foreign publications. Editor of the commentary to the OECD model convention on double taxation.

Her advice includes in particular

advice on restructuring processes such as mergers, divisions, sale of enterprises;
transaction advice;
advice regarding the withholding tax and principles of taxation of taxable establishments;
advice on investment processes;
advice to and representation of taxpayers in disputes with treasury administration, including in mutual communication procedures;
advice on improving tax efficiency of the conducted business.

Selected projects

advice to a leading German construction company on multiple sale of production and commercial properties;
optimisation of trading in shares of a real estate company to one of German leading construction companies;
advice to a German corporate group on cross-border taxation of delivery of goods to retail chains across Poland;
representation of a German company before a Polish tax office with respect to the VAT refund;
representation of a Swedish company before a Polish tax office with respect to the withholding tax refund;
representation of a German entity in tax proceedings and before the administrative court regarding the withholding tax on capitalised interest on shareholder’s loans;
advice to a German manufacturer of building materials regarding taxation of employees posted to foreign affiliated companies;
development of a joint venture structure for Polish operations of an international financial group.

Professional experience

since 2017 JDP DRAPAŁA & PARTNERS
2007–2016 PricewaterhouseCoopers, Director
2004–2007 Deloitte Doradztwo Podatkowe, Senior Manager
1999–2004 Ernst & Young, Senior Manager
1993–1999 Gide Loyrette Nouel law firm in Paris and in Warsaw, tax adviser

Education

1990–1991 Université Paris IX, Dauphine, DESS Administration fiscale
1980–1986 University of Warsaw, Faculty of Law and Administration

Languages

Polish
French
English

Professional experience

since 2021 JDP DRAPAŁA & PARTNERS
2019–2021 JDP DRAPAŁA & PARTNERS, internship

Education

since 2022 Warsaw Bar Association, advocate trainee
since 2018 University of Warsaw, Faculty of Management, Finances and Accounting
2017–2021 Cardinal Stefan Wyszyński University in Warsaw, Faculty of Law and Administration

Languages

Polish
English

For more than 15 years, we have been providing effective solutions to the challenging projects of our clients

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JAF Group AG acquired of 100% of shares in DLH Global S.A. JDP advised on the transaction.

The largest renewable energy projects in Central and Eastern Europe – regulatory issues of a transaction

Extensive involvement of JDP lawyers contributed to commencing the construction of the Warsaw Ghetto Museum

Joint venture in the offshore sector – comprehensive legal and tax advice

JDP successfully advised Trei Real Estate in obtaining over EUR 70 million funding for its day-to-day operations

JDP advised EQT Mid Market Europe and EQT Mid Market Asia III

Judgment reducing a contractual penalty by more than 99.3%

JDP successfully fended off an unfair competition act of a former management board member

Attempted hostile takeover. JDP successfully fended off an attempted hostile takeover of a joint-stock company

JDP advised a contractor bidding for a contract for the representation of the employer in the Harmony Link project

JDP successfully represented a contractor in appeal proceedings before the National Appeal Chamber and the Regional Court in a single-source procedure

JDP advised one of the key players in the e-commerce sector in a dispute involving a mobile app

JDP successfully helped its client defend against an unjustified request for appointing a special purpose auditor

JDP advised Laumann Group on the acquisition of a majority stake in Ponzio Polska

JDP advised on Sanok Rubber Company S.A.’s acquisition of shares in BSP Bracket System Polska sp. z o.o.

JDP advised Trei Real Estate on obtaining debt funding

Contractual remuneration increased by PLN 110 million thanks to JDP’s advice

JDP advised Laumann Group on the acquisition of a majority stake in Ponzio Polska Sp. z o.o.

JDP’s advice to Apleona on the acquisition of FM Solutions

Contract advice by JDP – our top construction law projects

JAF Group AG acquired of 100% of shares in DLH Global S.A. JDP advised on the transaction.

The largest renewable energy projects in Central and Eastern Europe – regulatory issues of a transaction

Extensive involvement of JDP lawyers contributed to commencing the construction of the Warsaw Ghetto Museum

Joint venture in the offshore sector – comprehensive legal and tax advice

JDP successfully advised Trei Real Estate in obtaining over EUR 70 million funding for its day-to-day operations

JDP advised EQT Mid Market Europe and EQT Mid Market Asia III

Judgment reducing a contractual penalty by more than 99.3%

JDP successfully fended off an unfair competition act of a former management board member

Attempted hostile takeover. JDP successfully fended off an attempted hostile takeover of a joint-stock company

JDP advised a contractor bidding for a contract for the representation of the employer in the Harmony Link project

JDP successfully represented a contractor in appeal proceedings before the National Appeal Chamber and the Regional Court in a single-source procedure

JDP advised one of the key players in the e-commerce sector in a dispute involving a mobile app

JDP successfully helped its client defend against an unjustified request for appointing a special purpose auditor

JDP advised Laumann Group on the acquisition of a majority stake in Ponzio Polska

JDP advised on Sanok Rubber Company S.A.’s acquisition of shares in BSP Bracket System Polska sp. z o.o.

JDP advised Trei Real Estate on obtaining debt funding

Contractual remuneration increased by PLN 110 million thanks to JDP’s advice

JDP advised Laumann Group on the acquisition of a majority stake in Ponzio Polska Sp. z o.o.

JDP’s advice to Apleona on the acquisition of FM Solutions

Contract advice by JDP – our top construction law projects

Przemysław's strong academic background and years of experience make him my first choice when in need of assistance with a complex legal issue. He is certainly one of the best construction lawyers in Poland.

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Wojciech Merkwa is very dedicated and responsive. He is able to quickly provide precise solutions to the issues at hand. A good strategist, he is thorough and tenacious in public procurement matters while also being very down to earth.

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Team is available on short notice, very engaged and takes the initiative. They bring together a lot of expertise from different team members. Team has a lot of practical experience that they are happy to share.

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A very open and friendly team and still highly professional. The main feature that distinguishes them from other lawyers is their ability to explain complex topics in a very simple way.

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Extremely good collaboration; they have unique skills of explaining complicated topics in an understandable and clear fashion. The quality of service provided is very high and they take over all topics connected to an issue and lead the customer through the process.

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The team is customer-oriented in providing individual support, has exceptional commitment and availability, excellent expertise and multilingual support.

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JDP understands foreign firms that enter the Polish market and is able to ‘bridge the gap’ with not only the language but also a different approach.

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Proactive approach, in-depth understanding of the business environment and the understanding of what is important for the client.

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They are top-ranking experts in construction law and procedural questions, able to manage with the needs of a fast pace context.

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Wojciech Merkwa enters the table following positive client feedback. He focuses on public procurement matters in the railway sector. Clients rate his commercially savvy style, one observing that “he is reliable, responsive and focused on the client’s needs.”

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Thanks to Professor Drapała’s experience and broad knowledge, he is able to create legal strategies adjusted to a given problem.

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We highly appreciate the competence of the firm’s team. Their analysis of our business-related problems and their solutions help us in the safe conduct of our business.

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Przemysław Drapała can “quickly identify the core issues at hand and propose a practical solution” and “has a very strong academic background but also a good business feeling”.

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Clients appreciate JDP team’s professionalism, deep knowledge and expertise in corporate and transactional matters.

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03 .Fields of Expertise

Litigation and Arbitration

Infrastructure and Construction Industry

Transactions M&A and Corporate Law

Real Estate

Our first class expertise
makes you succeed