Areas of practice

The litigation department at GESSEL – inventive tactical, substantive, methodological, pragmatic and formal solutions; custom-made negotiation and litigation strategies; multi-faceted management of negotiation and dispute processes, special and interdisciplinary cases; individual Client support; risk avoidance.

The experienced lawyers at GESSEL’s litigation department support Clients in all manner of disputes, first and foremost in the realm of business. We offer rich experience with court proceedings in all aspects of commercial dealing accumulated while pursuing or defending claims running into nine figures.

Our litigation track record covers disputes in the areas of:

  • Infrastructure projects and construction law – we have advised on disputes concerning construction of stadiums, train stations, auditoriums, factories, hotels and residential developments as well as motorways and utility networks; some of these disputes were with the Polish State Treasury and with local self-government bodies and/or concerned liquidated damages, rescission by the principal and/or settlement for additional works;
  • M&A, PE / VC transactions – we have advised on disputes concerning untruthfulness of representations and warranties, price adjustments, tainted negotiations (culpa in contrahendo), claims for damages and disputes concerning validity of contracts;
  • ICT projects – we were involved in a dispute concerning one of Poland’s largest ICT projects in the public sector, challenging liquidated damage assessment by the principals;
  • Energy industry – we have advised on proceedings concerning implementation of an intelligent metering system and renewable energy sources;
  • Banking – we have represented Clients in contractual disputes, disputes concerning forex options, and disputes concerning validity of acts in law;
  • Financial instruments / capital markets – we have advised on disputes concerning liability for the contents of issue prospectuses, protection of individual investors, establishment and liquidation of investment funds, security for bonds, and collateral (also as regards debt enforcement from a registered pledge);
  • Corporate – we have represented Clients at various stages of corporate disputes, including participation in general meetings, current corporate correspondence / disclosure, invalidation of resolutions, liability of Management Board members, winding down, and redress for harm;
  • Employment – we have represented employees as well as employers, advising on matters such as reinstatement to work, damages and severance benefits associated with termination of  the employment relationship, and bonuses and incentive schemes;
  • Real estate – we have advised on disputes concerning performance of preliminary agreements and contracts for sale of real properties, proceedings concerning surrogate statements of intent, and disputes for payment;
  • We also have hands-on experience with less common, specialised areas of the law, such as promissory note law, medical law, environmental protection law, energy law and aviation law.

We understand full well that the work of a good litigation lawyer goes beyond the courtroom. In this spirit, we take care to adjust trial strategies and preparation to the specific circumstances of the given case, and also to anticipate possible developments and to plan ahead of time –securing evidence, participating in negotiations, identifying alternative avenues for conclusion of the dispute, monitoring exchange of correspondence, ensuring that enforceability of a future court ruling is not impeded, and securing assets of our Clients. Consistent implementation of such procedures not only enables us to safeguard the interests our Clients and, in many cases, to secure successful outcomes before the courts, but also to achieve settlement before the case comes to trial.

This comprehensive, individualised approach – of which the actual court sessions are only a part – enables us not only to prevail in trials, but to support the Client in achievement of long-term business objectives.

We invariably deliver thoroughness, commitment, and a healthy fighting spirit.

GESSEL’s litigation practice is led by Piotr Schramm, partner, and our arbitration practice – by Dr Beata Gessel-Kalinowska vel Kalisz, senior partner.