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Litigation and arbitration

We negotiate settlements, conduct mediations, prepare process strategies in advance and take part in every phase of the proceedings. This also pertains to proceedings in advanced stages of the process like appellation proceeding, respectively to proceedings before the Supreme Court or to order annulment proceedings, irrespective of whether they concern foreign or Polish partners.

 

The dispute resolution team consists of lawyers who act before Polish, German and Austrian courts as well as attorneys, arbitrators in arbitration cases, conciliators and foreign partners.

Our work was appraised many times in the category of arbitration and dispute resolution cases in Poland and abroad (see also the reference list), in particular by rankings of INTL Legal Awards, Chambers Europe und Chambers Global and Forbes.

Major legal disputes (including arbitration cases);

Compensation proceedings.

  • Spanish (insurance) companies and partnerships in cases related to export of ceramic, furniture, leather products, fruit, vegetables and meat as produced by Spanish manufacturers and sold to Poland; also before the Supreme Court,
  • Austrian and Polish production plants in delivery of machines and industrial equipment,
  • Austrian and Hungarian insurance companies and partnerships in transport accidents,
  • Austrian insurance companies and partnerships in sport accidents.

Construction works cases (including arbitration cases)

  • Administrator of an American investment consortium in the construction of the Holiday Inn Hotel, with three appearances before the Supreme Court.
  • Investment companies and partnerships in the case of defects of construction objects, defects in the sewage system, in the thermal insulation of residential buildings, groundwater flooding of the building ground.
  • Contractual penalties for defects or non-carrying-out of construction works, including before the highest court.
  • Subcontractor in disputes with the general contractor for payment for construction work.
  • Construction consortia concerning the settlement of construction works in a dispute with the Tax Office due to incorrect estimation of investments in the public contract, change in the value of construction works due to the increase in the world prices of construction materials, additional costs resulting from changes in the construction process, settlement of costs due to a postponed handing-over date, application of the FIDIC General Conditions of Contract.
  • Austrian and German steel holding companies in the cases of supply of steel structures.

Judicial and administrative matters relating to the recovery of real estates.

  • The Polish co-owners of the private Bytomska Street in Cracow in the expropriation case and calculating its value.
  • Jewish/German owners of a villa in Gliwice for the property abandoned due to National Socialist persecution.
  • American owners of an apartment building in Gliwice, which had been expropriated by the Third Reich under the Nuremberg Laws.
  • Housing cooperative regarding the perpetual usufruct and the settlement of accounts for the use of land.

 

Adversarial cases concerning the use of patents, inventions, copyrights, protection of highly personal property and IT cases.

  • Entrepreneurial co-ownership of patents in one thing against energy companies concerning the sharing of profits for the application of inventions, value of the object of litigation PLN 9 million each.
  • Patent inventors against companies on remuneration for the implementation of inventions in the energy sector, commercial sewage treatment, waste incineration; value of the object of litigation up to PLN 50 million.
  • Heirs of author’s rights of profitable literary and performing works against Polish, German and Spanish publishers regarding compensation for publication or adaptation without the author’s or heirs’ consent.
  • Protection of IT companies against damage to their reputation and defamation in respect of dishonest advertising practices involving the use of publishing templates and unfair terms.

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    MIKULSKI & WSPÓLNICY Sp.k.
    "WILLA ANIELA"
    ul. Kielecka 19
    31-523 Kraków