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Litigation and Arbitration

  • Construction and infrastructure disputes
  • Commercial and civil disputes
  • Arbitration proceedings (domestic and international)
  • M&A, corporate and commercial disputes
  • Proceedings before the Supreme Court
  • Complex disputes involving at least a dozen separate proceedings
  • Post-arbitration proceedings
  • Declaration of enforceability of foreign judgments
  • Enforcement of difficult debts
  • Restructuring and bankruptcy law

Fields of Expertise > Litigation and Arbitration

Litigation and Arbitration

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

Our Law Firm has also successfully represented leading automotive and real estate companies and suppliers of complex technologies, as well as financial institutions in litigation and arbitration pertaining to their areas of activity. We have also been successful in handling litigations regarding mergers and acquisitions (M&A), commercial contracts, and consequences of declaring bankruptcy, but also proceedings to have arbitration court awards overturned.

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

1. SELECTED LITIGATION CASES:

  • Legal representation of general contractors in court proceedings against the contracting authority concerning a claim for remuneration and damages in connection with the construction of the National Stadium in Warsaw (amount in dispute: over PLN 139 million, names of litigants made public in the mass media);
  • Legal representation of the general contractor in court proceedings against the public contracting authority for conclusion of an annex to the contract, increase of remuneration and extension of the completion time for the construction of a national road section (amount in dispute: over PLN 325 million);
  • Legal representation of the general contractor in court proceedings brought by a local government contracting authority concerning the payment of liquidated damages in connection with two public utility investment projects (amount in dispute: over PLN 200 million);
  • Legal representation of a consortium of general contractors in court proceedings against the public contracting authority for an increase in remuneration and reimbursement of liquidated damages in connection with the construction of a section of the A4 motorway (amount in dispute: over PLN 200 million);
  • Legal representation of a consortium of general contractors in court proceedings against the investor for increase and payment of remuneration in connection with the construction of a new power unit (amount in dispute: over PLN 250 million);
  • Legal representation of a consortium of contractors for the modernisation of three power units in one of the leading power plants in Poland in court disputes concerning payment of remuneration for additional work, costs of contract extension and payment of liquidated damages (total amount in dispute: over PLN 170 million);
  • Legal representation of general contractors in court proceedings brought by the public contracting authority for payment of liquidated damages for delays in connection with the implementation of a hydraulic engineering project (total amount in dispute: nearly PLN 180 million);
  • Legal representation of one of the general contractors in proceedings before the Supreme Court in relation to the withdrawal from a contract for the construction of a city stadium in Białystok by the contracting authority (amount in dispute: over PLN 134 million);
  • Legal representation of the general contractor in court proceedings against an investor with respect to claims arising in connection with the withdrawal from a road investment construction contract due to the occurrence of mining damage (amount in dispute: over PLN 100 million);
  • Legal representation of the general contractor in three court proceedings against a public investor for increase and payment of remuneration under three contracts for the construction of sections of an expressway – amount in dispute: PLN 123 million, PLN 109 million and PLN 92 million;
  • Legal representation of general contractors in proceedings against an investor for payment of liquidated damages in connection with the modernisation of a railway line section between Warsaw West and Warsaw Okęcie (amount in dispute: over PLN 72 million);
  • Legal representation of the general contractor in court proceedings for payment of remuneration in connection with the construction of a subway line section (amount in dispute: over PLN 60 million);
  • Legal representation of the general contractor in court proceedings against an investor concerning a claim for damages in connection with the construction of a section of the Gdańsk Southern Bypass (amount in dispute: over PLN 65 million);
  • Legal representation of one of the European leaders in the automotive industry in court proceedings against former members of the management board concerning a claim for damages caused to the company (amount in dispute: over PLN 60 million);
  • Legal representation of the general contractor in court proceedings against an investor concerning a claim for remuneration and damages in connection with the construction of a section of the Warsaw Southern Bypass (amount in dispute: over PLN 62 million);
  • Legal representation of the general contractor for revitalisation and modernisation of a railway line section in proceedings against an investor for remuneration and damages (amount in dispute: over PLN 54 million);
  • Legal representation of the general contractor in court proceedings against an investor in connection with the construction of the so-called Upper Route in Łódź (amount in dispute: approximately PLN 23 million);
  • Legal representation of an investor from the automotive industry in court proceedings against the general contractor engaged in the modernisation and development of an industrial plant concerning a claim for liquidated damages and damages (amount in dispute: over PLN 20 million);
  • Legal representation of a Polish IT company in a precedent-setting court dispute with a stock exchange investor concerning compensation for so-called stock exchange damages.

2. SELECTED PROCEEDINGS BEFORE THE SUPREME COURT:

  • Drafting the cassation appeal and legal representation of one of the general contractors before the Supreme Court in proceedings concerning a city stadium in Białystok (amount in dispute: over PLN 134 million);
  • Drafting the cassation appeal and legal representation of the general contractor before the Supreme Court in a case concerning payment of liquidated damages by a public contracting authority (amount in dispute: over PLN 47 million);
  • Drafting a reply to a cassation appeal and legal representation of one of the leading companies in the construction industry in proceedings before the Supreme Court concerning the repealing of the ICC International Arbitration Tribunal’s award (amount in 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 a dispute with a local government contracting authority concerning unjustified payment of an amount under a performance bond (amount in dispute: over PLN 33 million);
  • Drafting two cassation appeals and legal representation of an investor from the automotive industry in cassation proceedings before the Supreme Court related to the liability of the enterprise’s acquirer in connection with the seller’s bankruptcy (amount in dispute: over PLN 26 million);
  • Drafting the cassation appeal and legal representation of a Polish investor before the Supreme Court in proceedings concerning the invalidity of an investment agreement (amount in dispute: over PLN 12 million);
  • Drafting the 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 (amount in dispute: over PLN 11 million);
  • Drafting the cassation appeal and legal representation of the general contractor before the Supreme Court with regard to claims for an increase of remuneration on the grounds of an extraordinary and unforeseeable change of prices;
  • Drafting the cassation appeal and legal representation of one of the parties in cassation proceedings before the Supreme Court concerning the interpretation and performance of a joint-venture contract;
  • Drafting the cassation appeal and legal representation of an entity authorised to purchase real estate before the Supreme Court in proceedings concerning the exercise of the pre-emption right (amount in dispute: over PLN 10 million).

3. SELECTED ARBITRATION PROCEEDINGS (DOMESTIC AND INTERNATIONAL):

  • Legal representation of a Polish manufacturer in arbitration proceedings before the Polish Chamber of Commerce concerning claims under a vehicle delivery contract (amount in dispute: over PLN 104 million);
  • Legal representation of a Polish general contractor in proceedings before the International Chamber of Commerce (ICC) against an investor in a dispute concerning the construction of a section of a national road (amount in dispute: over PLN 30 million). The result was the dismissal by the common courts and the Supreme Court of the complaint to repeal the ICC’s award;
  • Legal representation of a Polish contractor in proceedings before the International Chamber of Commerce (ICC) against an investor in connection with the construction of a line investment project in Poland (amount in dispute: over PLN 22 million). Successful representation in proceedings before common courts to repeal the award of the ICC;
  • Legal representation (together with a foreign law firm) of a company which owns a retail chain, in arbitration proceedings before the DIS (Deutsche Institution für Schiedsgerichtsbarkeit) in a dispute concerning breach of representations and warranties given in an asset deal contract (amount in dispute: over PLN 32 million);
  • Legal representation of a Polish general contractor in arbitration proceedings before the Polish Chamber of Commerce against a private investor concerning an investment project involving the renovation of a prestigious real estate complex (amount in dispute: over PLN 68 million);
  • Legal representation of a Polish client in arbitration proceedings before the Polish Chamber of Commerce concerning claims for liquidated damages for delay in delivery (amount in dispute: over PLN 68 million);
  • Legal representation of the Polish leader of a consortium of contractors in proceedings before the Court of Arbitration at the Polish Confederation Lewiatan against a member of the consortium in connection with the settlement of the construction of a section of an expressway (amount in dispute: approximately PLN 30 million);
  • Legal representation of a Polish private investor in arbitration proceedings before the Polish Chamber of Commerce against a consortium of contractors in connection with the construction of an industrial plant (amount in dispute: over PLN 14 million);
  • Legal representation of the general contractor in arbitration proceedings before the Polish Chamber of Commerce concerning the payment of remuneration set off against liquidated damages for a delay in the course of a large-scale investment project (amount in dispute: approximately PLN 10 million);
  • Legal representation of the Polish branch of an international design and engineering company in proceedings before the International Chamber of Commerce (ICC) against a leading Indian general contractor. The dispute concerned the implementation of an infrastructure investment project in Libya;
  • Legal representation of one of the leading manufacturers of orthodontic products (a company based in the Netherlands and the US) in two arbitration proceedings before the International Chamber of Commerce (ICC) against a Polish counterparty. The dispute involved a breach of an exclusive distribution agreement (amount in dispute: over USD 7.0 million);
  • Legal representation of one of the world’s largest petrochemical companies in post-arbitration proceedings (Stockholm SCC ruling) and enforcement proceedings, as well as in composition proceedings for the Polish debtor.
Professor Przemysław Drapała, PhD - Radca prawny (Attorney-at-law) | Managing Partner - JDP Law Firm

Professor Przemysław Drapała, PhD

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

Andrzej Sokołowski - Radca prawny (Attorney-at-law) | Partner - JDP Law Firm

Andrzej Sokołowski

Radca prawny (Attorney-at-law) | Partner

Wojciech Bazan - Adwokat (Attorney-at-law) | Partner - JDP Law Firm

Wojciech Bazan

Adwokat (Attorney-at-law) | Partner

Jakub Majewski - Adwokat (Attorney-at-law) | Partner - JDP Law Firm

Jakub Majewski

Adwokat (Attorney-at-law) | Partner

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