We represent clients in arbitration proceedings before permanent arbitration courts in Poland (such as the Court of Arbitration at the Polish Chamber of Commerce and the Court of Arbitration at Confederation Lewiatan) and international arbitration institutions (such as the International Chamber of Commerce, the Vienna International Arbitral Centre and the Arbitration Institute of the Stockholm Chamber of Commerce), ad hoc arbitration under Uncitral Rules, mediation and conciliation proceedings, and settlement negotiations.
The lawyers at the firm appear and advise clients in arbitration involving such matters as:
- M&A disputes seeking damages for breach of representations and warranties in share deals and asset deals, including transactions involving acquisition of listed companies and transactions by private equity funds, enforcement of the duty to close a transaction or a determination that there is no duty to close, and involving exercise of call and put options
- Investment disputes involving protection of foreign investments against abuses by state authorities
- Construction disputes seeking damages or repair of defects in buildings and infrastructure, including projects carried out under FIDIC standards, before arbitration tribunals and in pre-arbitration proceedings before dispute adjudication boards and panels of experts
- Project finance disputes seeking damages for delay in project completion, fees for early termination of cooperation, and payment for acquisition of the special-purpose vehicle created by the investors to carry out the project
- Corporate disputes seeking damages or declaratory relief with respect to rights connected with participation in companies, advising parties to joint venture agreements and shareholders agreement, and representing shareholders in disputes arising out of the corporate relationship
- Disputes concerning international distribution agreements and commodities contracts, seeking declaratory relief upholding renunciation of contracts due to defects in the goods, or seeking damages for costs incurred by the party as a result of termination of the contract, or for application of adjustment clauses, including the use of special mediation procedures such as final-offer arbitration
- Disputes concerning long-term cooperation agreements and sub-supply agreements, seeking damages for early termination of cooperation or renegotiation of cooperation terms due to changes in the market environment
- Disputes in the banking and financial sector, e.g. seeking damages for a bank agent arising out of termination of the agency agreement, disputes arising out of trading in receivables and other commercial contracts, and disputes involving investment funds and brokerages
- Post-arbitration disputes and arbitration-related litigation, seeking to set aside arbitration awards for violation of public policy, for recognition and enforcement of arbitration awards, and for interim relief to secure claims pursued in arbitration, as well as jurisdictional claims arising out of assertion of an arbitration clause as a defence and concerning the effectiveness of various provisions included in arbitration clauses.
Our lawyers are often appointed as arbitrators in disputes, and as experts on Polish law in foreign arbitration proceedings.
Contact:
Monika Hartung, monika.hartung@wardynski.com.pl
Tomasz Wardyński, tomasz.wardynski@wardynski.com.pl
Tel.: +48 22 437 82 00, 537 82 00