Litigation in the courts
In the field of dispute resolution, we are one of the leading practices in Poland, named for many years at or near the top of international and Polish rankings, such as those by Rzeczpospolita, Legal 500, Chambers Europe and Chambers Global. Partners from the Dispute Resolution Practice are recommended in rankings by Legal 500, Chambers Europe, Chambers Global, Best Lawyers® in Poland and Guide to the World’s Leading Experts in Commercial Arbitration.
We advise on how to minimize the risk that disputes will arise, and when a dispute has already arisen, how best to resolve it. Whether a dispute can be avoided or what the position of the client will be in the dispute depends in large measure on how the contract that is the basis for the transaction is framed. At the stage of contract negotiations, the client can ensure the optimal conditions in a potential dispute. A selection of the optimal method for resolving the dispute—mediation, arbitration, or litigation in the courts—can be made in the contract. None of these methods is better or worse in principle. Selection of the method of resolution of potential disputes arising out of performance of the contract which best serves the interests of the parties should take into account many factors, including the specifics of the business in question and the parties’ contractual and financial relations. When a dispute arises, it is necessary to establish an appropriate strategy for effective resolution of the dispute. Drawing on the great experience, skills and knowledge of our experts, we create the most effective strategies for conducting disputes, tailored to the clients’ expectations and the specifics of their business. The client’s success is always our overriding goal.
Ignoring this need and entering into a dispute without developing a strategy, and thus failing to take proactive and carefully considered measures, may generate negative consequences: high costs, prolongation of the dispute, or even losing the case.
A detailed analysis and action plan create the possibility of applying the optimal means and tools in the circumstances. Beyond fluency in the specific field of substantive law, our lawyers offer knowledge of procedures, deep experience and creativity, enabling them to develop the most advantageous solutions for the client, reflecting all the factors that may influence the course and result of the dispute.
Disputes between businesses are becoming increasingly complex. Often it is not just a single dispute, but a whole constellation of disputes. They require professionalism, interdisciplinary knowledge, skill and experience. A positive result can be achieved only by taking consistent, active steps in line with a professionally prepared strategy.
We advise and represent clients in proceedings concerning all types of commercial disputes, as well as registry cases and insolvency proceedings. We prepare analyses to evaluate the correctness and effectiveness of actions taken by clients before the courts and other measures taken in connection with the dispute. An analysis of the previous actions may indicate a need to modify the existing strategy or the method for pursuing it.
We assist clients in cases before all courts in Poland, the Supreme Administrative Court, and the Supreme Court of Poland.
By their nature, disputes connected with construction of buildings, roads and motorways require specific knowledge and experience. Our lawyers have used this knowhow to successfully represent clients in disputes of this type. Legal assistance in construction disputes covers all stages of implementation of construction projects, starting from proper wording of construction contracts to minimize the risk of future disputes at this stage. Construction projects tend to generate an especially large number of disputes, particularly between the investor and the general contractor or between the general contractor and the subcontractors. Effective legal advice at this time enables the participants in the construction process to maintain control over performance of the contract and keep conflicts from arising.
But when a conflict does arise, it is necessary to create a strategy for resolving it reflecting all of the circumstances and varying scenarios, and then to consistently implement the strategy using all available instruments.
The experience of the firm’s lawyers includes serving as arbitrators in construction disputes.
Maciej Łaszczuk, Marek Korcz