Commercial litigation

BWHS' litigation team specialises in handling complex, multi-faceted commercial litigation, where we need excellent knowledge not only of civil law and procedural law, but also of corporate law, tax law and non-lawyer issues such as business valuation.

We specialise in conducting disputes arising out of the execution and settlement of large construction and infrastructure investments, numerous cases of compensation for non-performance or improper performance of contracts, including precedent-setting private enforcement proceedings – claims for breach of competition law, a project to build broadband networks in Eastern Poland, construction work carried out at one of Poland’s largest airports, or disputes between Poland’s leading IT players.

We take a proactive approach to litigation, presenting our clients with the full range of solutions available in a given situation (including possible arbitration, security, registration, bankruptcy, paulinian actions against asset stripping, criminal commercial cases, other proceedings before competent authorities), and the associated opportunities and risks – with a view not to “winning a case” per se, but to achieving the client’s business objectives in the most cost-effective way.

In particular, we are very effective in securing our clients’ claims before the commencement of litigation, which is particularly helped by the court experience of most of the people who make up BWHS’s litigation department and their knowledge of how the judges’ methodology views the prerequisites for security.

Equally important in BWHS’ practice is the successful enforcement of adjudicated claims. This includes not only representing clients in enforcement proceedings but also, if necessary, taking such actions as filing and securing claims for declaring ineffective the actions of debtors leading to depletion of their assets (paulinian actions), or going through the path of criminal proceedings.

Andrzej Springer, coordinating the BWHS litigation practice, has many times been recommended as a “notable practitioner” in dispute resolution and arbitration by Chambers.

We are assisted by the BWHS network of offices and regular cooperation with attorneys-at-law and legal advisers in major Polish cities, as well as developed relationships with complementary service providers, such as experts in specialist fields, translators, accountants, auditors, multi-specialist experts and bailiffs.

In 2021 BWHS obtained a precedent-setting judgement at first instance, in which the Regional Court awarded a total of more than PLN 263 million in damages or unlawfully obtained benefits in a private enforcement case.
The firm represents an aviation industry client in several interrelated disputes related to the claiming of compensation for a defectively executed runway renovation at one of Poland's airports.
BWHS is conducting a number of proceedings arising out of disputes between investors in the hotel industry, obtaining in some of them favourable judgements for its clients and injunctive relief.
Proceedings from a lawsuit filed by an administrative receiver against Mostostal - compensation for the costs of investment extension due to the fault of the general contractor and return of the guarantee deposit