CONTACT
PRZEMYSŁAW DRAPAŁA
LEGAL ADVISER, PARTNER
ANDRZEJ SOKOŁOWSKI
LEGAL ADVISER, PARTNER

Tel: +48 22 246 00 30

Litigation and arbitration

The Litigation and Arbitration Team, headed by Professor Przemysław Drapała, successfully represents Polish and foreign clients in proceedings before common courts as well as before arbitration tribunals in Poland and abroad (National Chamber of Commerce, Lewiatan, ICC, VIAC, DIS, UNCITRAL). Clients especially value the Team’s long experience and efficiency in litigating or arbitrating complex cases concerning construction and infrastructure investment projects. In this area, we have handled about a dozen cases that established a precedent (including before the Supreme Court), often contributing to the formation of Polish case law. Professor 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 seen success when 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 work with reputable foreign law firms (in particular from German-speaking countries), representing Polish businesses or supporting foreign companies in proceedings conducted in Poland or related to Polish law.

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 (value of dispute: over PLN 139 million, names of litigants made public in the mass media);
  • Legal representation of a general contractor in court proceedings before the Supreme Court concerning withdrawal from a contract for the construction of the city stadium in Białystok by the contracting authority (value of dispute: over PLN 134 million);
  • Legal representation of general contractors in court proceedings against the investor concerning payment of contractual penalties in connection with the construction of the Warsaw West–Warsaw Okęcie railway line (rail connection for Okęcie airport) (value of dispute: over PLN 72 million);
  • Legal representation of a general contractor in court proceedings against the investor concerning a claim for damages in connection with the construction of a section of the Gdansk Southern Bypass (value of dispute: over PLN 65 million);
  • Legal representation of a general contractor in court proceedings against the investor concerning a claim for damages in connection with the construction of a section of the Warsaw Southern Bypass (value of dispute: over PLN 62 million);
  • Legal representation of a general contractor for the renovation and modernisation of a railway line section in proceedings against the investor concerning a claim for remuneration and damages (value of dispute: over PLN 54 million);
  • Legal representation of a manufacturing company in proceedings against former management board members concerning a claim for damage to the company (value of dispute: over PLN 40 million);
  • Legal representation of general contractors in court proceedings against the investor in connection with the construction of the so-called Upper Route in Łódź (value of dispute: approximately PLN 23 million);
  • Legal representation of an investor from the automotive industry in court proceedings against a general contractor for the modernisation and extension of an industrial plant concerning a claim for contractual penalties and damages (value of dispute: over PLN 20 million);
  • Legal representation of general contractors in court proceedings against the public investor concerning a claim for additional remuneration in connection with the construction of a section of the S-8 expressway (value of dispute: approximately PLN 15 million);
  • Legal representation of a private investor in court proceedings against a general contractor for a construction investment project concerning a claim for damages (value of dispute: approximately PLN 11 million);
  • Legal representation of a general contractor (a railway construction company) in a dispute concerning a claim for the payment of remuneration set off against a contractual penalty for a delay caused due to the scope of work being extended and inadequate preparation of the investment project (value of dispute: approximately PLN 10 million);
  • Legal representation of a general contractor for the modernisation of a combustion power unit in disputes with subcontractors and further subcontractors concerning joint and several liability under Article 647(1) of the Civil Code (value of dispute: up to PLN 9 million);
  • Legal representation of an investor (owner of a leading grocery store chain) in disputes with general contractors and subcontractors in connection with construction of new stores (value of dispute: up to PLN 10 million);
  • Legal representation of general contractors in court proceedings against the public investor concerning a claim for damages in connection with the construction of a section of the S-5 expressway (value of dispute: approximately PLN 9 million);
  • Legal representation of general contractors in court proceedings against the public investor concerning a claim for outstanding remuneration in connection with the construction of a section of an expressway (value of dispute: approximately PLN 11 million);
  • Legal representation of general contractors in court proceedings against the City of Płock in connection with the construction of a bridge on the Vistula River (value of dispute: approximately PLN 8 million);
  • Legal representation of a leading manufacturer of construction materials in proceedings concerning liability for alleged product defects (value of dispute: over PLN 8 million).

Selected arbitration proceedings (domestic and international)

  • Legal representation of a leading manufacturer of railway vehicles 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 general contractor in proceedings before the ICC Arbitration Tribunal against the investor in connection with the construction of a section of a national road (value of dispute: over PLN 30 million). The outcome was that common courts and the Supreme Court dismissed the complaint to repeal the award of the ICC International Arbitration Tribunal;
  • Legal representation of a general contractor in proceedings before the ICC Arbitration Tribunal against the investor in connection with the line investment project (value of dispute: over PLN 22 million). Successful representation in proceedings before common courts (Regional Court and Administrative Court) regarding the repealing of the ICC International Arbitration Tribunal’s award;
  • Legal representation of a Polish engineering and design company in the proceedings before the ICC Arbitration Tribunal against an Indian contractor in connection with a contract carried out in Africa;
  • Legal representation (together with a foreign law firm) of a company which owns a retail chain, in arbitration proceedings before the DIS (Deutsche Institution fürSchiedsgerichtsbarkeit) in a dispute concerning breach of representations and warranties given in the asset deal contract (value of dispute: over PLN 32 million)
  • Legal representation of a manufacturer of railway vehicles in arbitration proceedings before the National Chamber of Commerce concerning claims for contractual penalties for delivery of vehicles (value of dispute: PLN 26 million)
  • Legal representation of the Polish consortium leader in proceedings before the Lewiatan Arbitration Tribunal against a consortium member in connection with the construction of a section of expressway (value of dispute: approximately PLN 30 million)
  • Legal representation of a general contractor in arbitration proceedings before the National Chamber of Commerce for the payment of remuneration set off against a contractual penalty for a delay in the course of large-scale investment project (value of dispute: approximately PLN 10 million).
  • Legal representation of a private investor in arbitration proceedings before the National Chamber of Commerce against the contractors’ consortium in connection with the 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 against a private investor in connection with the construction of an apartment complex;

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 Białystok city stadium (value of dispute: over PLN 134 million);
  • Drafting two cassation appeals and legal representation of a company – enterprise acquirer before the Supreme Court in proceedings concerning the company’s joint and several liability for the enterprise’s debt (Article 554 of the Civil Code) in connection with the seller’s bankruptcy (value of dispute: over PLN 26 million);
  • Legal representation of a leading construction company in proceedings before the Supreme Court concerning the repealing of the ICC International Arbitration Tribunal’s award (value of dispute: over PLN 30 million)
  • Drafting a cassation appeal and legal representation of an 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 party 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 public investor before the Supreme Court in proceedings against a general contractor concerning withdrawal from the contract and the validity of clauses in the FIDIC contract
  • Drafting a 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
  • Drafting a cassation appeal and legal representation of one of the parties to the cassation proceedings before the Supreme Court concerning interpretation and performance of a joint venture contract;
  • Legal representation of a general contractor before the Supreme Court in proceedings brought by a subcontractor, concerning the performance of a large-scale investment project
See a list of our clients

Areas of law

Transactions (M&A) / Corporate law

Litigation and arbitration

Infrastructure investments, energy, railway

Contracts (Commercial)

Tax

Project financing and hedging

Restructuring and bankruptcy law

Labour law

Construction contracts, construction law

Real estate

Public procurement

Sectors

Construction sector

Energy infrastructure

Railway infrastructure

Automotive industry

Real estate

Financial sector

Manufacturing sector and industry

Agri-food industry