PROFESSOR PRZEMYSŁAW DRAPAŁA, PhD

Legal adviser, Partner

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Partner who manages the Litigation and Arbitration Team of over 20 persons and the Infrastructure Team. Has over fifteen years of experience in representing Polish and foreign leading contractors and private investors in complex proceedings before common courts as well as arbitral tribunals concerning construction and infrastructure projects. Ranked as „Leading Individual in Poland” in „Construction/Construction Disputes” by the international ranking LEGAL 500 (2018 and 2019).

He holds a PhD in Civil Law and is the Head of the Department of Civil Law at the Koźmiński University in Warsaw. He has also authored over 80 publications in the field of civil law, commercial law and arbitration, including numerous publications on construction works contracts. He co-authored volumes 5, 6 and 7 of System Prawa Prywatnego – Zobowiązania [The System of Private Law – Liabilities] (recent edition C.H. Beck, 2013 – 2018) and, together with the judges of the Civil Chamber of the Supreme Court, the Commentary to the Civil Code edited by Jacek Gudowski (recent edition Wolters Kluwer, 2017). Member of the Court of Arbitration at the Polish-German Chamber of Commerce and Industry, member of the Problem-Focused Team at the Civil Law Codification Commission for service provision contracts in the new Civil Code (including construction works contracts), chairman of the Expert Group for Law and Legislation of the Polish Association of Construction Employers (PZPB), member of the Public Procurement Council.

  • Legal representation of general contractors in court proceedings against the contracting authority concerning a claim for remuneration and redress of damage in connection with the construction of the National Stadium in Warsaw (value of dispute: over PLN 139 million, names of litigants publicised in mass media);
  • Legal representation of a general contractor in court proceedings before the Supreme Court concerning rescission of the contract for the construction of the Białystok city stadium by the contracting authority (value of dispute: over PLN 134 million);
  • Legal representation of general contractors in court proceedings against the investor concerning the 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 the general contractor in court proceedings against the investor concerning a claim for redress of damage in connection with the construction of a section of the Gdańsk Southern Bypass (value of dispute: over PLN 65 million);
  • Legal representation of the general contractor in court proceedings against the investor concerning a claim for redress of damage in connection with the construction of a section of the Warsaw Southern Bypass (value of dispute: over PLN 62 million);
  • Legal representation of the 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 redress of 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 Trasa Górna (“Upper Route”) in Łódź (value of dispute: over PLN 23 million);
  • Legal representation of an investor from the automotive industry in court proceedings against the general contractor for the modernisation and extension of an industrial plant concerning a claim for contractual penalties and redress of damage (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: approx. PLN 15 million);
  • Legal representation of a private investor in court proceedings against the general contractor for a large-scale investment project concerning a claim for redress of damage (value of dispute: approx. 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 by extending the scope of work and inadequate preparation of the investment project (value of dispute: approx. PLN 10 million);
  • Legal representation of a general contractor for the modernisation of a power unit furnace system 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 chain of grocery stores) in disputes with general contractors and subcontractors in connection with the 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 redress of damage in connection with the construction of a section of the S-5 expressway (value of dispute: approx. 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 expressway (value of dispute: approx. 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 (value of dispute: approx. 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).
  • 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 the general contractor concerning rescission of 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 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 the proceedings brought by a subcontractor, concerning the execution of a large-scale investment project;
  • 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 a 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 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 für Schiedsgerichtsbarkeit) 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);
  • Advising the general contractor for a section of the Gdańsk South Bypass (from the A1 motorway to the Koszwały intersection); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 1.1 billion;
  • 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 (SPV), project value: over PLN 1.5 billion;
  • Advising the general contractor for the modernisation of the boiler furnace system in units 7–12, Bełchatów Power Plant; Contracting authority: PGE GIEK, project value: over EUR 475 million (over PLN 1.9 billion);
  • Advising an investor in connection with the EPC execution of an investment project encompassing the construction of a power plant with a 600 MWe gas-steam unit, project value: over PLN 1.65 billion
  • Advising a consortium of Polish and foreign companies executing the modernisation of units 4–6 as part of a turnkey project, Turów Power Plant; Contracting authority: PGE GIEK, project value: over PLN 625 million;
  • Advising the general contractor for a section of the Warsaw South Bypass (from the Konotopa intersection to the Puławska intersection), Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 908 million;
  • Advising the general contractor for a section of the S-5 expressway (Wrocław-Poznań); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 900 million;
  • 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 the general contractor for a section of the S-8 expressway (Radzymin-Wyszków); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 640 million;
  • Advising the general contractor of Trasa Górna (“Upper Route”) in Łódź, Contracting authority: the City of Łódź, project value: over PLN 345 million;
  • Advising the general contractor for the Zambrów and Wiśniewo bypass within the line of national road No 8; Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 260 million;
  • Advising the general contractor for a section of the S-8 expressway (Rawa Mazowiecka–Łódź Voivodeship border); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 535 million;
  • Advising the general contractor for modernisation of boilers in units 2 and 4, PGE Bełchatów Power Plant; Contracting authority: PGE GIEK, project value: over PLN 375 million;
  • Advising a contractor for modernisation of railway line section Nos 61 and 700 (Częstochowa–Fosowskie); Contracting authority: PKP Polskie Linie Kolejowe S.A.; project value: over PLN 270 million;
  • Advising the general contractor for 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;
  • Associate Professor at the Department of Civil Law at the Koźmiński University in Warsaw;
  • Since 2013, member of the Problem-Focused Team for service provision 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 law of obligations;
  • Since 2016 – ordinary member of the International Chamber of Commerce – ICC;
  • Since 2008 – Partner, JARA DRAPAŁA & PARTNERS;
  • 2001–2007 – Senior Associate, Gleiss Lutz, Warsaw;
  • 1997–1999 – Associate, Rödl & Partner, Warsaw;
  • 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;
  • Drapała P. [in:] Private law – Obligations law. Detailed part, Vol. 7, (ed. prof. dr. hab. J. Rajski), C.H. Beck, 4th edition, Warsaw 2018;
  • Drapała P. [in:] Civil Code. Commentary, Vol. 4 and 5. Obligations. Detailed part (ed. J. Gudowski), 2nd edition, Wolters Kluwer, Warsaw 2017;
  • Drapała P. [in:] Private Law Institutions – Debt takeover, assumption of rights and obligations under a contract, C.H. Beck, Warsaw 2016;
  • Drapała P. [in:] The Civil Code. Commentary, Vol. 3, part 2, (ed. Jacek Gudowski) LexisNexis, Warsaw 2013;
  • Drapała P. [in:] Private law – Obligations. General part, vol. 5 , C.H. Beck, 2nd edition, Warsaw 2012;
  • Drapała P. Negotiorum gestio. Legal structure, C.H. Beck, Warsaw 2009;
  • Drapała P. [in:] Contracts relating to third parties, C.H. Beck, Warsaw 2005;
  • Drapała P. Expromission, C.H. Beck, Warsaw 2002.
  • Polish
  • German
  • English