About Us - JDP Law Firm

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 20 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

Radczyni prawna (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

Radczyni prawna (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

Adwokat (Attorney-at-law) | Counsel

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

Adwokat (Attorney-at-law) | Counsel

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 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 has been involved in some of the largest court disputes in Poland regarding issues such as contract termination, contractual penalties and remuneration indexation (before common and arbitration courts). Author of a strategy for court proceedings and main counsel in several disputes encompassing a large number of separate court cases. Clients also entrust him with handling appeal and cassation proceedings.

Wojciech provides day-to-day legal advice on large-scale infrastructure and construction projects (e.g. roads, airports, waste incineration plants, energy facilities) and contracts for the supply of technologically advanced machines (production lines and industrial robots). 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 investment disputes (BIT).

He represents clients in proceedings regarding declaring judgments issued by foreign arbitration and common courts enforceable. He was the main counsel in proceedings covering claims with a total value exceeding PLN 600 million; thanks to his active involvement the case was concluded with a favourable settlement agreement. In 2016 he was a laureate of the prestigious competition “Rising Stars Lawyers — leaders of tomorrow”; in 2023 he was recognised in the ranking “50 lawyers worth following on LinkedIn”.

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

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

Partner heading the 50-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 – 2024). 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, member of the International Nuclear Law Association (INLA).

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 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

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 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, 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 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

For 20 years, we have been providing effective solutions to the challenging projects of our clients

JDP negotiated further significant increases for a client from the energy industry

JDP advised Ayvens on M&A integration of Polish companies as part of the global integration strategy

JDP supported Nextbike in the conclusion of an agreement with LARQ S.A.

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

JDP advised on a minority shareholder’s withdrawal from a company and termination of cooperation with a management board member

JDP advises Nutricia from the Danone Group on expanding a production plant worth PLN 230 million

JDP advised Axon Lab AG in MedTech acquisition

JDP supported Best Secret Poland sp. z o.o. in the conclusion of sale-and-leaseback agreements with Deutsche Leasing Polska S.A.

JDP advised a litigation fund in a multimillion-PLN investment in consumer claims in Poland

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

Check out all the successes of JDP

JDP negotiated further significant increases for a client from the energy industry

JDP advised Ayvens on M&A integration of Polish companies as part of the global integration strategy

JDP supported Nextbike in the conclusion of an agreement with LARQ S.A.

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

JDP advised on a minority shareholder’s withdrawal from a company and termination of cooperation with a management board member

JDP advises Nutricia from the Danone Group on expanding a production plant worth PLN 230 million

JDP advised Axon Lab AG in MedTech acquisition

JDP supported Best Secret Poland sp. z o.o. in the conclusion of sale-and-leaseback agreements with Deutsche Leasing Polska S.A.

JDP advised a litigation fund in a multimillion-PLN investment in consumer claims in Poland

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

Fields of Expertise

Litigation and Arbitration

Infrastructure and Construction Industry

Transactions M&A and Corporate Law

Real Estate

Contracts (Commercial)

Public Procurement

Employment practice

Personal Data Protection

Tax

Compliance

Corporate and commercial disputes

IP / IT

White Collar Crime

Energy and Renewables

Competition and consumer protection

Industries

Infrastructure and construction industry

Real Estate

Automotive

Modern technologies

Production | Industry 4.0

Production automation and industrial robotics

Micro and shared mobility

Financial transactions

Transportation and logistics

The recycling and "green recovery" industry

FMCG

Agri-food industry