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Patryk Polek

Associate, Warsaw

Patryk specialises in arbitration and commercial litigation.
Patryk Polek

Experience

Patryk Polek is an advocate and Associate within the Arbitration & Dispute Resolution Department of DWF Poland. 

He has over 8 years of professional experience in dispute resolution, acquired at top-tier Polish and international law firms. He is recognized as a key asset in various arbitration and litigation proceedings both by clients and other team members. 

Patryk specializes in complex construction disputes related to road, rail, real estate and energy sectors, as well as in infrastructure projects such as power plants, waste incineration plants and international gas-transmission networks. He advises in cases involving FIDIC contracts throughout the entire lifespan of a project – from the stage of risk assessment, contractual advisory, drafting of contractual claims, pre-trial and amicable negotiations, to the interim injunction proceedings, litigation or arbitration, until the settlement negotiations and post-arbitral proceedings.

Patryk has been significantly involved in both international and national arbitration cases, acting as counsel under various rules of arbitration including ICC, SCC, VIAC, Lewiatan and SAKiG. He outstandingly contributed to one of the largest commercial arbitrations in Poland and successfully handled major, high-value litigations for investors, general contractors, subcontractors and financial institutions. In addition to his litigation experience, Patryk negotiates and drafts engineering, procurement and construction contracts and long-term service agreements for major energy companies. 

In addition to his litigation experience, Patryk assists in negotiating and drafting of the engineering, procurement and construction contracts and long-term service agreements for major energy companies. 

Patryk received his legal education in Poland (master's degree at the University of Warsaw, 2017), as well as in the United Kingdom (University of Essex, 2016) and the Netherlands (Utrecht University, 2017). He completed summer school in international arbitration at the Leiden University and Permanent Court of Arbitration in the Hague (2018) and graduated summa cum laude (first-best) from the British Law Centre organized by the Cambridge University (2019). He pursued a mini-pupillage at Blackstone Chambers (2019) in London.

Memberships

  • Advocate, Warsaw Bar Association
  • Member, Young ICCA
  • Member, Young ITA
  • Member, Young International Arbitration Group (YIAC) of the London Court of International Arbitration
  • Member, Arbitration Youth Forum (AFM below 40) of the Court of Arbitration at the Polish Chamber of Commerce

Recent Cases

Arbitration:

  • Member of a team representing a Polish-Spanish general contractor in the ICC arbitration proceedings initiated by a German consortium member concerning the intra-consortium liability toward the investor for two-year delays under a contract for the construction of a combined heat and power plant located in Lithuania. The consortium relation was governed by Swiss law with ICC arbitration, while the construction contract was governed by Lithuanian law and provided for arbitration under the SCC rules.
  • Member of a team representing Elektrociep┼éownia Stalowa Wola S.A. in three separate arbitral proceedings conducted under the rules of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw arising out of a dispute with Abener Energía S.A. concerning termination of a construction agreement for the development of a combined heat and power plant in Stalowa Wola (ca. PLN 500 M).
  • Representation of Elektrociep┼éownia Stalowa Wola S.A. in arbitration under the SAKiG rules against Abener Energía S.A. for the liability and payment of damages for defects of the power plant caused by the improper performance of the construction contract by the general contractor (ca. EUR 50 M).
  • As a counsel representing a company belonging to the international real estate investment fund in an arbitration dispute before the Court of Arbitration at the Polish Chamber of Commerce (SAKiG) against a lessee – logistics company. The dispute involves the lease of a commercial warehouse complex of ca. 47,000 square meters and the respondent’s improper performance of a long-term commercial lease agreement.
  • Member of a team representing a Polish-Spanish general contractor in arbitration proceedings under VIAC rules initiated by a Slovakian sub-contractor developing a cross-border gas interconnector between Poland and Slovakia with a total length of over 150 km. The dispute concerned liability for delays in taking-over of the construction site and subsequent termination of the subcontract. Dispute pertained to a strategically important European gas infrastructure network, vastly limiting European dependence on Russian gas.
  • Member of a team representing a Polish military technology company in ICC arbitration under Swiss law against a leading European defence contractor. The dispute concerned the delivery of faulty components to be used in the next-generation warfare equipment.
  • Representation of a Polish distributor of medical and dental equipment in an arbitration dispute before the Court of Arbitration at the Confederation of Lewiatan in Warsaw, Poland, concerning a distribution agreement concluded with an American manufacturer of such equipment.
  • Member of a team representing one of the largest Polish construction company before the Court of Arbitration of the Polish Consulting Engineers and Experts Association (SIDiR) in a dispute concerning the modernisation of a road junction in central Warsaw. Claims concern unpaid remuneration for additional works and unduly imposed contractual penalties for delays.

Litigation:

  • Member of a team representing the largest Polish construction company in three significant litigations against Poland's General Directorate of National Roads and Highways collectively valued at EUR 100 M. Disputes involved complex factual and legal issues related to the construction of sections of highway and expressway based on Yellow and Red FIDIC Books, located in southern and central Poland. The dispute concerned contractual penalties for delays, claims for payment for additional works, unlawful execution of the bank guarantees and final termination of the contracts.
  • Representation of an Austrian healthcare company specialising in the planning, development, turnkey construction and management of hospitals and other healthcare facilities in Europe in two parallel litigations against a Polish design company in a dispute related to design flaws of the hospital investment located in northern Germany.
  • Representation of an automotive and engineering company specialising in the production of truck vehicles in a dispute with Polish military units concerned with the inability to perform a sale & supply contract due to force majeure events. 
  • Member of a team representing a construction company against a Polish state-owned company responsible for railway development. The dispute concerned the construction of a major railway investment - 'Rail Baltica' aiming to integrate the Baltic states into the European rail network.
  • Representation of a construction company belonging to a Spanish group of companies in litigation against the General Directorate for National Roads and Motorways regarding the construction of a section of the A2 motorway in central Poland. Litigation concerned additional payments for performed extra works and contract indexation.
  • Advisory to the general contractor at the contractual and pre-trial stage of the construction of the commercial logistics and warehouse investment near Kielce, Poland. Advisory concerned development of pre-trial strategy, preparation of claims against the investor and amicable negotiations.  
  • Representation of a Polish construction company belonging to a Spanish group of companies in litigation against the municipality concerning the construction of a primary school in northern Poland. The dispute concerned unfounded imposition of contractual penalties for delays, alleged non-performance of contractual obligations, baseless execution of a bank guarantee and improper termination of the construction contract by the investor.
  • Member of a team representing a group of Spanish construction companies in litigation against the unit responsible for the management of provincial roads in a dispute concerning the construction of ca. 24 km of road in eastern Poland.
  • Member of a team representing a group of Spanish construction companies in litigation against the General Directorate for National Roads and Motorways regarding settlement of accounts following withdrawal from contracts for the construction of expressways in central and northern Poland.
  • Providing contractual advisory to one of the biggest Polish construction company specialising in residential, commercial and public utility investments. Contractual advisory related to the construction of a modern class A office building totalling 11,000 sqm and maintaining relation with a subcontractor responsible for major construction activities, together with claim management.  
  • Representation of a German-based company from the automotive sector in a dispute with a leasing company offering fleet hire and leasing services stemming out of a buy-back (repurchase) contract.
  • Representation of an international construction company providing engineering, construction and industrial services in a dispute against an investor of the construction of several gas boiler rooms in southern Poland.
  • Representation of an investor specializing in prestigious real estate ventures in a litigation against the Capital City of Warsaw pertaining to the ownership rights in certain real estate properties.
  • Representation in post-arbitral litigation proceedings before the Polish Court of Appeal demanding an arbitral award to be set aside for the reasons of public policy.
  • Representation in the post-arbitral proceedings before the Polish Court of Appeal opposing the enforcement of the arbitral award on the grounds of infringement of public policy.
  • Representation in an interim security application before the Polish Court of Appeal, which successfully halted the enforcement of an arbitral award of over PLN 167 M against the client.   
  • Representation in numerous interim security applications stemming out of baseless execution of bank and insurance guarantees (guarantee payable on first demand) as a result of alleged improper performance of construction contracts.

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