Litigation is one of the most important specialties of our law firm. We take an individual approach to each case, taking into account the business needs of the client with maximum reduction of risks. Our experience covers the full spectrum of litigation in all areas of economic life, while the value of claims asserted or defended against by our clients often runs into the hundreds of mlns PLN.
GESSEL’s Litigation Department is characterized by out-of-the-box tactical, substantive, methodical, pragmatic and formal solutions. We offer tailor-made negotiation and litigation tactics and comprehensive management of negotiation processes, adversarial processes, difficult and interdisciplinary issues and disputes at all stages. We think three steps ahead, thus ensuring security and efficiency.
We perfectly understand that the work of a trial lawyer today is not limited to representing the client in court. Therefore, we carefully select the individual and most effective litigation tactics for each specific case.
We work with great intensity already at the pre-trial stage (aiming from the beginning to shape a favourable future litigation position enabling minimisation of the duration of proceedings). We make sure that the feasibility/effectiveness of the future judgment is properly secured by constructing and enforcing effective motions to secure claims. We negotiate, advise and represent in alternative dispute resolution. We represent the client in and out of the courtroom. Finally, we conduct proceedings to enforce judgments rendered.
Our goal is always to shape the preparation of a trial strategy that best takes into account the interests, needs and expectations of the client. We know that the preparation of a comprehensive scenario of judicial and extrajudicial actions taking into account the next moves of the opponent often leads to a settlement favourable to the client or helps to prepare evidence even before the formal initiation of the dispute.
Such an approach – a comprehensive and individualized approach to the dispute not only as the legal proceedings themselves (“from the lawsuit to the verdict”), but as the entire relationship of the parties (“from the contract/relationship linking the parties to the achievement of business goals by the client”) allows the fullest protection of all relevant interests of the client.
What sets us apart is reliability, commitment, will to fight and efficiency.
GESSEL’s Litigation Department – the art of efficiency in litigation!
- Dispute resolution, with particular emphasis on commercial disputes
- Effectiveness-oriented strategies
- Risk management and minimization
- Comprehensive support in even the most complex and unusual cases
The basic principle that unites our team is to build relationships based on respect and trust.
We have been advising entrepreneurs for 30 years, so we understand the nature of business and how to properly support it. We focus on efficiency, transparency and partnership.
Beata Gessel-Kalinowska vel Kalisz, D.Sc.
Joanna Kisielińska-Garncarek, PhD
Disputes over infrastructure matters and construction law
We have conducted disputes both in the field of large-scale construction (stadiums, railway stations, arenas / factory halls, cultural facilities, hotels, general construction, housing), and in the field of purely infrastructural construction (highway construction, road construction, sewage networks), including proceedings against the State Treasury and local government units, also concerning accrued contractual penalties / withdrawal from the contract by the ordering party, or settlements for additional work.
M&A, PE / VC transaction disputes
We have handled litigation relating to the falsity of representations and warranties, various types of price adjustments, disputes over the improper conduct of negotiations, as well as compensation proceedings and disputes over the invalidity of concluded contracts.
Disputes in the IT/energy/financial industry
We have appeared in litigation proceedings involving some of the largest IT projects in the field of public sector informatization, including challenging contractual penalties and claims for damages charged by the contracting authorities. We advised clients in the energy industry in proceedings concerning the implementation of a smart metering project and in the field of renewable energy sources. In the field of banking matters, we represented clients in, among other things, disputes in the scope of concluded contracts, as well as those concerning so-called currency options, or disputes concerning the invalidity of legal actions. In the context of financial instruments/capital markets in the broadest sense – our experience includes advising in disputes over liability related to the prospectus; protection of individual investors, creation and liquidation of investment funds, collateralization of bonds, or established securities (including enforcement of registered pledges).
We have represented clients in all stages of corporate disputes, from participation in meetings of corporate bodies, through ongoing corporate correspondence and obtaining information, to all types of litigation related to the participation relationship (disputes for revocation / annulment of resolutions, disputes concerning the liability of board members, disputes concerning the dissolution of the company, disputes for damages).
Labour law disputes
We have appeared in labour proceedings on the side of both employees and employers; our experience includes proceedings for reinstatement, compensation and severance payments related to termination of employment, or concerning various types of bonuses/incentive programs.
Disputes in the real estate market
We have advised in litigation proceedings involving complex real estate transactions (both in the form of asset deal and share deal). We have represented clients in disputes over the execution of preliminary contracts for the sale of real estate, proceedings concerning the submission of a substitute declaration of intent, as well as disputes over payment.
We also have experience in cases requiring knowledge of narrow and specialized areas of law such as promissory note law, medical law, environmental law, energy law and aviation law.
Experience - lawsuits
- Representation of the contractor of a construction project (construction of a biogas plant) in a dispute with investors for payment of liquidated damages and general damages (value of the dispute approx. PLN 100 mln). (GESSEL for CONTRACTOR)
- Representation of the contractor of a construction project (construction of a sewage treatment plant) in a dispute with the investor for payment of remuneration for the execution of the works (GESSEL for CONTRACTOR)
- Representation of an investor in a construction project (production plant) in an administrative dispute concerning a challenge to a decision on environmental conditions (GESSEL for INVESTORS).
- Legal service of the dispute concerning mutual claims of the investor and the contractor arising from the construction contract for the investment in a recreational-hotel complex (GESSEL for INVESTOR)
- Legal services in a dispute concerning a claim for payment of part of the remuneration for construction work performed on the Capitol Theatre construction project in Wrocław (GESSEL for Sygnity)
- Legal services in the dispute concerning the payment of receivables for the subcontracting of technical infrastructure as part of the A4 motorway (GESSEL for Sygnity)
- Legal services in a dispute over counterclaims (in the amount of PLN 18 mln) concerning the delivery of technical infrastructure as part of the A4 motorway (GESSEL for Sygnity)
- Representation of the contractor in a dispute with the investor over payment of remuneration and damages in connection with the construction of a sports and entertainment arena (value of the dispute approx. PLN 5.7 mln) (GESSEL for ERBUD)
- Legal services in a dispute over payment of remuneration for work performed on the extension of the iconic Opera Leśna amphitheatre in Sopot (value of claims approx. PLN 23 mln) (GESSEL for ALSTAL)
- Legal services for a dispute over payment of PLN 36.7 mln for damages incurred as a result of, among other things, untimely adjustment of the contract price (GESSEL for MOSTOSTAL S.A.).
- Legal advice in a suit brought by the contractor against the investor challenging effectiveness of the enforcement title to the extent of the investor’s receivables in the amount of PLN 3.4 mln (GESSEL for MOSTOSTAL S.A.).
- Representation of a subcontractor of a construction project (reconstruction of a bus station) in a dispute with the general contractor and the investor as jointly and severally liable for payment of remuneration (GESSEL for the SUBCONTRACTOR)
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