Emilia Chmielewska
Senior Associate
Advocate
Emilia specializes in litigation and comprehensive legal advice, including cases combining multiple legal discipline and with international elements.
Languages:
BIO
Emilia has extensive experience in commercial litigation, in particular concerning construction contracts, implementation of IT projects, industrial property law and unfair competition, as well as complex contract disputes. She has also handled many disputes in the fields of copyright law and protection of personal rights.
Emilia has advised business entities in industries such as IT, construction, advertising, cosmetics, architecture and waste processing, as well creators, artists and cultural institutions.
She gained experience during her long-term cooperation with a renowned Polish law firm and as an in-house lawyer in an IT company. Emilia joined GESSEL in 2022.
Experience
Construction and real estate
- Represented a public investor in a dispute with an architect concerning lack of an obligation to entrust author supervision within the meaning of the construction law to the actual author of the design – a precedent-setting verdict as to the possibility of selecting a contractor for author supervision in the construction process
- Represented the defendants in a dispute over payment of double earnest money against the background of a purported preliminary agreement for the sale of real estate
- Represented a construction contractor in a dispute with an investor over claims based on, among other things, rescission of the contract due to exceeding the deadline for establishing a payment guarantee
- Represented the landlord of a large-format commercial facility in a collateral enforcement case and related matters
- Represented the owner of the property in the case for the abolition of joint ownership of the property created as a result of the adaptation of the common property space and in disputes arising against the background of the adaptation
- Represented clients in disputes concerning joint and several liability of the investor and the construction contractor for payment of wages owed to subcontractors
- Represented tenants (including a chain of coffee shops, an international technology company, and an IT firm) in negotiating commercial leases and in cases involving changes in lease terms
Copyright and related rights
- Represented and advised creators and organizations of rights holders in disputes over payment of damages, remuneration and fees, as well as information and non-infringement claims
- Represented artists in a case seeking compensation for the use of an advertising work beyond the terms of the license
- Advised investors in disputes related to the limits of the use of copyrights in architectural designs, in particular regarding the possibility of entrusting another architect with the design of the reconstruction/expansion of a building
- Advised architects on disputes related to use of construction documents in the design of building extensions and on disciplinary matters before professional self-government bodies
- Represented and advised a client in negotiating computer software copyright issues
Contract disputes
- Represented a client in remuneration settlement matters from a multi-year cooperation agreement for a cosmetics brand
- Advised in a multi-decade dispute over claims for physical defects in a delivered industrial line, including damages related to its explosion (under CISG and German law)
- Represented the principal in a dispute over defective performance of a contract for the supply and installation of large-format advertising mesh
- Represented and advised IT implementation contractors in disputes with contracting authorities (including damages, liquidated damages and claims associated with rescission)
- Represented the principal in a claim for remuneration for the international delivery of goods against the background of defects in the delivered goods and the principles of liability (under CISG and Italian law)
- Represented clients in cases of declaring actions ineffective against a creditor
- Represented the contractor in multi-faceted disputes with the contracting authority against the backdrop of the implementation of an innovative equipment system;
- Represented clients in actions to set aside arbitration awards
- Represented parties before the Supreme Court, including drafting cassation appeals and complaints to the Supreme Court
Tort and other civil law disputes
- Represented clients and advised in multifaceted disputes of the parties’ counterclaims for infringement of personal rights, acts of unfair competition and trademark infringement
- Represented a creditor in a case against a member of the debtor company’s management board for compensation for preventing the satisfaction of claims from the company’s assets and on the basis of the management board member’s joint and several liabilities for the company’s obligations
- Represented a member of the management board of a limited liability company in claims for payment against the background of joint and several liabilities for the company’s obligations due to the ineffectiveness of enforcement against the company’s assets
Administrative law cases
- Represented parties and advised on waste management (including product fees and cancellation of DPO/DPR documents) and environmental law
- Represented a toy manufacturer in cases against the backdrop of post-inspection settlements on product labelling and conformity assessment (Trade Inspection, Office of Competition and Consumer Protection)
- Represented parties before Voivodship Administrative Courts and the Supreme Administrative Court, including preparation of cassation complaints to the Supreme Administrative Court
Labour law disputes
- Represented an international market chain in claims based on allegations of harassment
- Represented an international chain of supermarkets in claims for payment of supplementary compensation for an accident at work
Education and achievements
- Law, Faculty of Law and Administration, Jagiellonian University (2011)
- Cultural studies, spec. Comparative Studies of Civilizations, Faculty of Philosophy, Jagiellonian University (2010)
- Admitted to practice as an attorney in 2015
Awards
Academic publications
