Corporate & Commercial Litigation

Representing our clients in litigation before courts, especially in cases dealing in corporate or commercial disputes, is one of our main areas of practice.

We advise and represent our clients in disputes arising in connection with their business activities both in Poland and abroad, taking into account the specificity of their industry and the adopted business model. We support our clients at all stages of a dispute, starting from the pre-trial stage (where we represent our clients in negotiations or in collecting evidence for a potential dispute) through representation of clients before common and arbitration courts of all instances, including the Polish Supreme Court.

We additionally represent clients (a) in proceedings concerning interim measures, (b) in proceedings concerning the enforcement of judgments, (c) in restructuring or bankruptcy claims, and (d) to provide comprehensive services in other accompanying proceedings (e.g. criminal or administrative). We also cooperate with foreign law firms in cases where it is necessary to pursue claims outside of Poland and develop consistent strategies for proceedings.

Services

Managing all litigations cases of a given company or group of companies in a cost-efficient manner and implementing a tailormade reporting scheme to management.
Conducting reviews of clients’ procedures and agreements in order to minimize the risk of a dispute.
Advising on the collection of evidence and the preparation of a dispute resolution strategy.
Advising on long-term defence strategies against the abuse of corporate rights by capital stakeholders and restricting their rights by members of company bodies, including conducting and advising at shareholder meetings.
Representing clients in settlement negotiations and mediation, including assistance in drafting settlement agreements.
Representing clients at all stages of court and arbitration proceedings, including in particular in the following category of cases:
- Breaches of contractual obligations;
- Claims for damages;
- Claims for due payments;
- Claiming damages for statements and assurances made by a contractual party that are inconsistent with the facts and law;
- Determining the scope of obligations when there is a dispute about the intention of the parties in a given contractual clause;
- Challenging resolutions of corporate bodies, both with regard to their validity and their annulment;
- Concerning corporate disputes between shareholders, shareholders and the company, as well as the company and members of its governing bodies;
- Exclusion of a shareholder or dissolution of the company;
- Concerning an infringement of a non-compete clause;
- Claims related to the liability of the management board members for liabilities of the company (extensive work with or against D&O insurers); and
- Concerning claims against the members of a company’s governing body for damages caused in connection with performing their duties.
Supporting the enforcement of judgments and awards.

Experience

Company from the energy sector

Representing a client from the energy sector in court proceedings concerning over 20 years of a contractual dispute with a former contractor, including two successful proceedings before the Supreme Court.

Case study

International energy group

Representing a Polish company from the energy sector, which is a part of an international capital group, in a case concerning pursuing claims against its former management.

Case study

Railway logistics group

Managing litigation cases of an entire logistics/railway group of companies (over 50 concurrent cases).

Case study

Shareholder dispute

Representing a minority shareholder in a dispute with a majority shareholder regarding the restriction of corporate rights.

Case study

Shopping mall owner

Representing the owner of a shopping centre in a dispute with an architect concerning the execution of a contract concluded under French law.

Case study

Education sector company

Representing a company from the education sector in proceedings for the annulment of its resolution.

Case study

Company from the production sector

Representing a Polish company (minority shareholder) from the production sector in proceedings concerning the declaration of invalidity or annulment of corporate resolutions (case resulted in settlement we helped negotiate).

Case study

Merger dispute

Representing a client in a dispute concerning compensation for discrepancies with statements made in a share purchase agreement.

Case study

Management Board member

Representing a former member of the management board sued by the company under Article 299 of the KSH, ending with the withdrawal of the claim.

Case study

Investor group

Representing a group of investors in a dispute concerning the company’s non-payment of dividends.

Case study

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