Dispute resolution

At Mrowiec Fiałek and Patners, we offer advice on dispute resolution (civil, business, and administrative) before arbitration tribunals, common and administrative courts, and administrative bodies through mediation and settlement negotiations.

At every stage of the dispute, our advice is aimed at resolving the dispute on the most satisfactory possible terms for the client.

We understand how important it is for our client to react quickly and effectively in the face of dynamic changes in a business’s financial situation.

Apart from our knowledge of arbitration, judicial, and administrative practice, we have many years of experience in negotiating complex transaction documentation, which enables us to thoroughly understand the needs and quickly adapt to our clients’ expectations.

We specialise in advising clients at the pre-litigation stage as well as in arbitration, judicial, and administrative proceedings regarding:

  • post-transaction disputes;
  • corporate disputes;
  • regulatory disputes;
  • commercial disputes;
  • restructuring and bankruptcy proceedings.

In the area of post-transaction disputes, we advise clients on:

  • disputes regarding liabilities for assurances;
  • disputes regarding indemnity liabilities;
  • disputes regarding price settlements;
  • disputes regarding infringement of non-competition clauses;
  • disputes regarding violations of specific provisions of investment agreements, shareholders’ agreements, or share sale agreements.

In the area of corporate disputes, we advise clients on:

  • disputes regarding ownership of shares or stocks;
  • disputes regarding the property and non-property rights of partners;
  • disputes regarding the valuation and value of shares and stocks;
  • disputes regarding appeals against resolutions of corporate bodies;
  • disputes regarding the correct establishment of company bodies;
  • disputes regarding the liability of management board members;
  • disputes regarding excluding a partner or dissolving a company.

In the area of regulatory disputes, we advise clients on:

  • disputes regarding public companies’ proper performance of their information obligations;
  • disputes and proceedings regarding insider dealing;
  • disputes regarding voting admissibility at general meetings of public companies;
  • disputes regarding the correctness of disclosures in prospectuses;
  • disputes regarding the proper management of investment funds;
  • disputes regarding the proper operation of brokerage houses, investment firms, and depository banks;
  • proceedings before the Polish Financial Supervision Authority.

In the area of commercial disputes, we advise clients on:

  • claims regarding the improper performance of commercial contracts, including the obligation to remedy damages;
  • consumer protection and acts of unfair competition;
  • improper execution of construction works;
  • responsibility for pharmaceutical products;
  • enforcement and exclusion from enforcement of assets.

In restructuring and bankruptcy proceedings, we advise clients in the following areas:

  • initiating restructuring proceedings or filing for bankruptcy;
  • reporting creditors’ claims as part of restructuring and bankruptcy proceedings;
  • representing companies threatened with bankruptcy or restructuring and their creditors in all aspects of restructuring or bankruptcy proceedings.
  • As part of the dispute resolution practice, our advice includes:
  • a legal and factual analysis to assess the chances of a positive dispute resolution and to estimate its results, duration, and costs;
  • preparing a dispute management strategy;
  • conducting preparatory activities before entering into a dispute, so that the dispute causes as little burden as possible to the client’s business;
  • settlement negotiations before entering into a dispute or during an ongoing dispute, including as part of mediation proceedings;
  • representing clients at every stage of arbitration, judicial, and administrative proceedings;
  • representing clients in enforcement proceedings and proceedings to secure claims.

Completed projects

  • International private equity fund 

    Advice on arbitration proceedings regarding liability for breach of assurances and indemnity in a share sale agreement pending before the Arbitration Court at the Polish Chamber of Commerce. The subject of the proceedings was the fund’s liability for breach of assurances (a falsehood as at the date of signing) and the fund’s liability as a seller for certain categories of specific risks (indemnity). During the proceedings, the issue of blocking funds on the escrow account in order to secure risks – funds which also constitute part of the sale price payable upon conclusion of the transaction – was also significant.

  • Company producing batteries and electrical equipment 

    Advising the company as the plaintiff in arbitration proceedings before the Court of Arbitration at the Polish Chamber of Commerce in a complex case regarding the pursuit of claims against the seller under a contract for the sale of an enterprise (a large production plant operating on an international scale). The claim concerned the seller’s liability for breach of assurances and the seller’s indemnification, among other aspects.

  • International private equity fund 

    Advice on a dispute concerning the settlement of the sale price of shares. The dispute was settled by agreement.

  • International private equity fund portfolio company 

    Advice on a dispute concerning claims for breach of the assurances in a share sale agreement. The dispute was settled by agreement.

  • International private equity fund portfolio company 

    Advice on a settlement dispute with a bank regarding liability for failure to perform a commercial contract.

  • Shareholder of an international company in the pharmaceutical industry

    Advice on proceedings relating to appealing against resolutions adopted at a general meeting. In this case, we represented a shareholder challenging a resolution of the general meeting and demanding that the resolution be repealed, as it was contrary to the company’s articles of association and good practices and was intended to be detrimental to the shareholde

  • Shareholder of an international company in the pharmaceutical industry

    Advising the client, on whose behalf a secondary intervention was submitted in proceedings in which the board of directors brought an action against the company for the annulment of one of the provisions of the company’s articles of association in so far as that provision conferred a personal right to a shareholder.

  • Shareholder of a company in the financial industry

    Advice on court proceedings for the annulment of a resolution of a general meeting on depriving the shareholder of voting rights due to the shareholder’s failure to comply with information obligations.

  • Shareholder of a company in the financial industry

    Advice in court proceedings concerning an appeal against a resolution of the general meeting regarding consent to an amendment to the articles of association. The actions taken on behalf of the shareholder included raising an objection and appealing against a resolution to amend the articles of association of the company, which conducted leasing activity. The amendments to the articles of association expanded the management board’s power to act independently without the authorisation of the supervisory board and the granting of personal powers to appoint board members to two shareholders, among other changes.

Practices
  1. 01. Mergers and acquisitions
  2. 02. Private equity, venture capital
  3. 03. Acquiring an investor
  4. 04. Share offers
  5. 05. Bond issues
  6. 06. Due diligence
  7. 07. Restructuring
  8. 08. Real estate
  9. 09. Collateral administration
  10. 10. Investment funds
  11. 11. Acquisitions, capital market transactions
  12. 12. Regulatory advice
  13. 13. Dispute resolution
  14. 14. Obtaining financing
  15. 15. Corporate law
  16. 16. Competition law
  17. 17. Manager option programs
  18. 18. Labour law
  19. 19. Intellectual property
  20. 20. Personal data protection