Mediation and Disputes

Our attorneys have successfully assisted numerous clients in litigation and mediation for many years. For some of us, time spent in the courtroom (and in post-pandemic times – also in front of the computer during remote hearings) is the realization of passion and the essence of the profession.

With many mediations and disputes resolved, we know that each case should be approached individually. When looking for a solution, we focus on the client’s best interests, and through this lens, we look forward and focus on the end result, not just the next step.

The entities for whom we have provided or are providing support in mediations and proceedings include:

a)      TK Development Group Companies, for which we have handled numerous proceedings relating to office, retail and residential buildings under construction or owned by these companies throughout Poland,

b)    Klepierre Group Companies for which we have handled numerous proceedings related to office, commercial, and residential buildings throughout Poland,

c)     Stellantis sp. z o.o. – distributor of vehicles, including brands such as Opel, Peugeot, Fiat, Citroen, DS Automobiles,

d)    Forum Gliwice sp. z o.o. – owner of the Forum Shopping Center in Gliwice,

e)    Agora Bytom sp. z o.o. – owner of the Agora shopping center in Bytom,

f)    PHU Jubiler sp. z o.o. – operator of the Swiss boutique chain;

g)    G8 S.A. – operator of the Lancerto store chain and owner of the Próchnik brand;

h)    Tiger Warsaw sp. z o.o. – operator of the Flying Tiger Copenhagen store chain;

i)    Rawicom S.A. – involved among others in the construction of solar farms.

How can we help you?

Analysis of the legal status of the presented problem – we analyze the presented issue and explain clearly and understandably to the clients the possibilities of resolving the described issue, including particularly the appropriateness of initiating any court proceedings;

Pre-trial assistance – depending on the factual possibilities and client’s expectations, we take actions aimed at amicable resolution of the dispute without the need to initiate court proceedings, especially by sending appropriate summons or assisting in pre-trial negotiations;

Mediation proceedings – we support Clients who decide to resolve the dispute through mediation with our knowledge and experience.

Litigation representation – we represent our Clients in court proceedings before arbitration courts (both permanent and ad hoc) and common courts (all instances), as well as the Supreme Court in all civil matters, especially economic ones, including in proceedings:

• for payment;
• for determination;
• in a full range of disputes between landlords and tenants in shopping centers and office buildings;
• settlements of construction contracts;
• for acts of unfair competition;
• from revocatory action (actio Pauliana);
• in corporate disputes (for the annulment or invalidation of a resolution, exclusion of a partner, dissolution of the company; remedying damages inflicted upon the company);
• due to the liability of members of the management board of a limited liability company for its debts;
• concerning real estate, including in particular: determination of the annual fee for perpetual usufruct, establishment of adverse possession, reconciliation of the content of the land and mortgage register with the actual legal state, and restoration of infringed possession;
• for the performance of the preliminary agreement;
• anti-enforcement;

Post-trial activities – representation in enforcement proceedings; declaring the enforceability of an arbitral award or foreign court judgment; proceedings to set aside an arbitral award.

In all categories of cases, we have experience in representing each of the parties, specifically plaintiffs and defendants, petitioners and participants, as well as creditors and debtors.