Professor Przemysław Drapała, PhD - Attorney-at-Law, Managing Partner

PROFESSOR PRZEMYSŁAW DRAPAŁA, PhD

RADCA PRAWNY (ATTORNEY-AT-LAW)
Managing Partner

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Partner heading the 30-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, 2019, 2020). 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 the Koźmiński University in Warsaw. He has authored over 90 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.

  • Representing a general contractors 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 modernizing 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 contractors 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 modernization 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 modernizing 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 contractors 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 modernizing and extending an industrial plant concerning a claim for payment of contractual penalties and damage redress (value of dispute: over PLN 20 million);
  • Representing Polish IT company in a precedent-setting court dispute with a stock exchange investor regarding redress of the so called stock exchange damage.
  • 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).
  • 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 a 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 0 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.
  • 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 modernizing 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 modernization 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 modernizing railway line sections No. 61 and 700; contracting authority: PKP Polskie Linie Kolejowe S.A. (project value: over PLN 270 million).
  • Associate Professor at the Civil Law Department at the Koźmiński 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.
  • Since 2008 – JDP DRAPAŁA & PARTNERS, Partner
  • 2001–2007 – Gleiss Lutz, Warsaw, Senior Associate
  • 1997–1999 – Rödl & Partner, Warsaw, Associate
  • 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.

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)

  • Polish
  • German
  • English