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Corporate and commercial disputes

  • Corporate disputes
  • Measures to prevent the exceeding of corporate powers
  • Measures to prevent company hijacking
  • Commercial disputes
  • Post-M&A disputes
  • Arbitration
Corporate and commercial disputes

The Corporate and Commercial Litigation Team consists of litigators and lawyers with extensive experience in company law, M&A, and handling foreign projects.

Our services are not limited to the domestic market. We have firmly established relationships with prestigious law firms, and can advise clients and coordinate legal support, in other countries as well.

We represent Polish and foreign clients in all types of corporate disputes (between or involving shareholders in private and public companies), commercial disputes, and also cross-border disputes.

Commercial disputes – business risks

Disputes are inherent in running a business. At JDP, we are aware of how disputes can affect the financial situation, reputation and organisation of a company, whatever its legal status. Therefore, we use our expertise and know-how to help our clients navigate the ever-changing legal landscape without losing sight of their business needs.

We help our clients predict and actively implement solutions to minimise the litigation risk. However, if a dispute does arise, we devise a strategy tailored to the client’s needs to prevent or minimise business disruption, taking into account the client’s interests.

Our experience includes advising on registry procedures, challenging resolutions adopted by corporate bodies, and handling proceedings regarding shareholder rights. We also advise on liability of corporate body members. With regard to commercial disputes, we focus on transactional and post-transactional (post-M&A) disputes.

1. Corporate disputes – examples of past projects:

  • Successful fending off of attempted company hijacking – attempt to enter a company in the business register by persons purporting to be officers of the company, including representation in a case brought by the company where persons purporting to be officers of the company or shareholders attempted to accede to the proceedings;
  • Representation of a company in injunction proceedings regarding claims related to challenging resolutions of the company’s corporate bodies;
  • Representation of a company in court proceedings where persons purporting to be shareholders sought to establish existence of a corporate relationship between themselves and the company;
  • Representation of a company in court proceedings where third parties sought to establish that a legal transaction that they executed with persons with no authorisation to represent the company was valid and effective;
  • Representation of a company where a person purporting to be a shareholder sought to establish in court the wording of the company’s articles of association, claiming that an alleged “general meeting” amended its articles of association by granting personal rights to the individual concerned;
  • Successfully preventing an attempt to use security in the hijacking of a company, to allow the security beneficiary to gain control over the company;
  • Defending a company in several registry proceedings against third parties’ attempts to obstruct and prevent proceedings in a corporate dispute;
  • Obtaining a final judgment, the first to be issued in Poland, ordering redress of ‘stock exchange loss’;
  • Representation of foreign investors in the construction industry in complex post-transactional litigation concerning breach of representations and warranties by parties selling a business enterprise;
  • Successful representation of a foreign client in a dispute with former shareholders regarding remuneration for advisory services during the post-transactional integration step;
  • Legal advice leading to conclusion of a maintenance agreement between a dealer and a distributor of a top global automobile brand;
  • Legal advice and representation of shareholders in a multifaceted and multipartite corporate litigation regarding resolutions revoking acknowledgement of proper performance of duties and consenting to the pursuit of the company’s claims;
  • Successful representation of a real estate developer’s shareholders in a complicated and lengthy corporate dispute regarding the validity of resolutions appointing management board members;
  • Advising a young inventor being a minority shareholder in a 3D printing company in proceedings regarding the protection of his rights.