Dispute Resolution

Dispute resolution encompasses a wide range of methods, starting from negotiations and mediations, up to arbitration and court proceedings. This area is incredibly important in light of the growing complexity of business relationships, international transactions and various disputes in civil, commercial or corporate law. 

We provide advice in complex civil, commercial, and corporate disputes (including cross-border disputes), particularly in the following areas:

  1. disputes related to the implementation of complex commercial contracts in all industries (including various types of agreements such as trade cooperation agreements, joint ventures, distribution agreements, representations, agency agreements, franchising agreements, insurance agreements, machinery supply agreements and production line agreements, etc.),
  2. disputes related to the preparation, implementation, and commercialisation of construction investments (including general construction – volumetric, industrial, infrastructural, and road construction, energy), 
  3. disputes related to the real estate market (including those related to purchase transactions in the form of asset deals and share deals, as well as disputes related to lease agreements),
  4. corporate disputes (representing minority, equal, and majority shareholders starting from participating in shareholder meetings through ongoing correspondence to all court proceedings related to participation in companies, conducting disputes related to the personal liability of corporate officers),
  5. disputes related to merger and acquisition transactions (including claims arising from misrepresentations and warranties, disputes concerning the settlement of the price within the price adjustment mechanism or earn-out mechanism, as well as in connection with determining the invalidity of contracts),
  6. disputes related to the capital market and financial instruments (including claims related to the forex market, liability of investment fund companies and depositories, as well as bond issuers).

We represent our clients in all types of proceedings before common courts and alternative dispute resolution forums (arbitration), as well as before the Supreme Court. We also participate in mediation and conciliation proceedings. Additionally, we undertake to represent clients before all public administration bodies (UOKiK, KNF, URE, UTK), administrative courts, including the Supreme Administrative Court.

We have a specialised team of litigation lawyers who have built their practical experience through years of litigation practice, as well as working in courts and public administration bodies. We can boast of extensive experience in representing clients in various, often precedent-setting disputes, where the value of the dispute or the value of the actual economic impact of winning is counted in hundreds of millions of Polish złoty.

Our distinguishing factor is effectiveness, which is always the result of excellent team preparation and intensive work on strategy. We provide our clients with a full range of practical actions already at the ‘frontline’ of the dispute, preparing both defensive and vindicatory actions with the appropriate lead time, and then continuously monitor the procedural situation and react to the dynamics of the dispute and new circumstances.

The litigation team closely cooperate with other experts within the Sadkowski ana Partners group, particularly in criminal law (in complex cases, criminal and civil proceedings are often conducted in parallel or in the appropriate sequence to ensure the best results and synergy of both proceedings) and in restructuring, bankruptcy, and enforcement law (we understand that clients do not engage in disputes ‘on principle’, but aim to achieve specific results, and through this cooperation, we know how to achieve those results). In addition, litigation lawyers have access to a wide range of financial experts, legal experts (including professors), whose private expertise has often tipped the balance in securing proceedings or debates with court-appointed experts in calculating damages. Within the Sadkowski and Partners group, we also have a detective agency, whose reports accurately help clients determine the actual assets of opposing parties in legal proceedings and the real course of relationships crucial to the dispute.

Our deliberate actions have been recognized, as evidenced by distinctions in international legal rankings in the ‘Dispute Resolution’ category and recommendations from our satisfied clients.

In the field of dispute resolution, we comprehensively manage the entire process of preparing for disputes, negotiating, conducting dispute proceedings, and supporting our clients at every stage of the dispute. Below, we present selected areas of this practice:

  • Strategy – the key to success in any dispute is preparing the right strategy. This involves, on the one hand, listening and precisely defining the needs or goals that the client aims to achieve within the dispute and, on the other hand, determining the actual legal (and often economic) situation of the entities involved in the dispute. Thanks to our extensive experience, we can quickly assess the chances and risks in the client’s legal situation, present them accurately, and then develop the most effective strategy and tactics for handling the dispute.
  • Pre-litigation preparation – thorough preparation is essential for executing the strategy perfectly. Using our gathered experience even before negotiations or disputes begin, we know what arguments and evidence to gather in support. We assist clients in compiling material that confirms the legal position presented in the case. We also cooperate with other experts within the Sadkowski and Partners group: detectives, financial analysts, certified auditors, experts, and specialists in other areas of law (such as criminal law, restructuring law, and insolvency law).
  • Negotiations and mediation proceedings – thanks to the right strategy and thorough preparation, we have successfully resolved disputes through settlements (both reached before the litigation process and during it), achieving the expected outcomes for clients (economic, business, personal, or corporate). A realistic and practical approach to disputes, combined with well-prepared evidence, provides an excellent foundation for such favourable agreements.
  • Litigation and arbitration proceedings – managing proceedings in complex disputes, often involving multiple simultaneous proceedings (civil, criminal, corporate), each at different stages, requires proper coordination and supervision. The litigation team constantly monitors and informs clients about all actions and events in the course of the case and their potential effects on the outcome of the dispute. Over the years, we have perfected methods of managing disputes that allow us and our clients to obtain current and full information about each action performed and planned in various proceedings. From practice, we know that in legal processes, ‘what can be proven’ is often crucial. Therefore, we place a strong emphasis on gathering and preparing appropriate evidence (as well as verifying the credibility of evidence offered by the opposing party) and on preparing examination strategies (both for our own witnesses and the opposing party). 
  • Enforcement – disputes are generally not conducted ‘on principle’, but their essence lies in achieving tangible benefits (economic, business, corporate, or personal). From our practice, we understand that a favourable decision alone does not guarantee the achievement of these intended benefits. Therefore, when advising clients (both in strategies related to the enforcement of claims and in defensive strategies), we dedicate much time to the feasibility of resolutions. We broadly use all legally permissible forms of protection. In some cases, we resort to solutions from the field of restructuring or insolvency law to achieve effects unattainable through ‘ordinary’ enforcement. In other cases, enforcement by a bailiff (with trusted bailiff offices) allows for the best results. ‘This effect’ is the key criterion guiding us at every stage of the dispute.  

Choosing representation in disputes is a matter of trust and assurance that we are in good hands. Our experience, client-oriented approach, and ability to achieve effective results are  strong reasons to choose us for representation in a particular case. If you need support, feel free to contact us! 

Awards:

Successes

13.06.2024 / Successes

Win in court – dismissal of union-protected employee

03.06.2024 / Successes

Significant court success of Sadkowski and Partners in the case of the Brokerage House

29.03.2024 / Awards

We have been recognised in The Legal 500 EMEA 2024 ranking

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