Boldly / Conscientiously / To the point.

Litigations

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The experienced litigation team at Kowalczyk & Co. represents clients in court disputes, particularly in the area of contrac law. However, we also undertake cases of different nature, including inheritance and administrative proceedings. For many of us, arbitration and litigation were the areas of first legal experiences. Nevertheless, in our actions, we seek conciliatory solutions that ultimately ensure the realization of our clients core business objectives.

Each year, we initiate dozens of cases, often complex and precedent-setting. We make sure that our knowledge of case law is up-to-date. We continuously analyze and discuss the judgments of the Supreme Court and common courts, participating in academic discussions. We believe that a good litigator is, above all, a skilled expert in civil and administrative law.

In our actions, we strive to find a reasonable compromise between the potential for success and the risk of failure, ensuring that our clients' litigation decisions are well-informed.

We have represented clients in disputes related to the fulfillment of obligations, including claims for damages and payments, on behalf of:

• Entities from the railway and telecommunication sectors (particularly concerning investment agreements and infrastructure projects) against the general contractor, subcontractors, and investors;

• Entities from the energy industry in disputes against energy consortia;

• Research and scientific institutes in disputes against private companies and the public finance sector;

• Investors involved in construction projects (in disputes with contractors and subcontractors);

• Designers in disputes with developers concerning the execution of architectural contracts.

Additionally, we have been involved in:

• Cases for the recognition of foreign court judgments in Poland and cases requiring the determination of Polish court jurisdiction;

• Representing individuals in inheritance proceedings (including cross-border cases requiring the application of foreign law).

Infrastructure Investments

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We provide legal assistance to clients involved in infrastructure investments, with a particular focus on the railway and telecommunication industries. Our aim is to seek preventive solutions, allowing our clients to avoid disputes and ensuring the smooth continuation of their core activities.

Combining our knowledge of various legal fields with specialized areas and practical experience in their application, we possess practical familiarity with standard models used in investments, such as FIDIC.

We make efforts to maintain accessible and open communication between the engineering staff of our clients and our legal team. In cases where disputes cannot be avoided, we undertake active representation of the client in court.

We have successfully resolved numerous contracts related to the implementation of railway and telecommunication investments, including cases involving issues of non-performance or improper execution of agreements, errors, and refusal of work acceptance.

Public Procurement

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We have been involved in matters related to public procurement on both the contractor and contracting authority sides. Our experience encompasses public procurement in various sectors, including research and construction, the defense sector, and railways. We have learned to identify threats to bidders and, when necessary, effectively utilize appeal procedures.

We provide advice to clients participating in public procurement procedures, both during the preparation of bids and after the selection of a competitive bid. We prepare complaints and appeals to the National Chamber of Appeal.

Competition Law

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We have a well-established, long-standing experience in matters related to competition law in its broadest sense, including combatting its unfair manifestations. We provide counsel at every stage of contentious matters, whether it concerns unlawful anticompetitive agreements, abuse of dominant position, or unfair market practices. We also advise clients on non-contentious matters to ensure the compliance of their ongoing activities with competition law, be it in the realm of contracts, pricing policies, or the creation of distribution systems. We conduct audits of our clients' operations to assess their compliance with competition law. In cases of identified infringements, we take proactive steps to minimize legal risk. We represent clients before Polish and European competition authorities, including cases related to merger notifications and foreign investments.

Corporate Services

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We provide comprehensive corporate services to both personal and capital companies, covering the full spectrum of their operations. We work on behalf of shareholders and management boards. We handle the necessary filings with the relevant registers, develop internal procedures, and provide support in the creation and negotiation of commercial contracts, both in domestic and international trade, including under foreign law.

Employment Law

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Our law firm provides legal assistance to employers to ensure the proper application of labor regulations. We do not limit ourselves to reacting to existing conflicts or current crisis situations but also conduct audits of in-house labor law regulations. We ensure their up-to-date status and provide solutions that optimally serve both employers and employees. We also undertake actions related to compliance.

Despite our close collaboration with employers, our lawyers have frequently engaged on the side of employees as well. This diverse experience allows us to balance the real interests of both parties in the employment relationship.

We understand that legal issues related to employment often intersect with regulations governing other areas of employers' activities, and we actively cooperate with employers to ensure alignment between them.

Within this specialization, we have undertaken the following:

• developing the necessary documentation for employees to establish and terminate employment relationships,

• auditing labor regulations applied by employers,

• drafting in-house documents, including agreements, regulations, agreements, and similar acts,

• providing support in crisis situations related to bullying, discrimination, and abuses, both on the side of employees and those representing the employer,

• representing clients in employment disputes, including litigation.