Experience
Michał Szumbarski is an advocate and a member of the Dispute Resolution Practice of DWF in Poland. He specialises in commercial litigation with a particular focus on the financial sector and the construction industry. Michał represents clients before Polish common courts, the Supreme Court and before arbitration tribunals. He has acted for clients in many negotiations, including negotiations concerning high-value settlement agreements related to disputes involving financial institutions and construction companies.
He has extensive experience in a wide range of commercial disputes, including many high-profile cases concerning insurance claims, liability for damages, corporate disputes, public procurement, claims arising out of construction contracts, injunction and enforcement proceedings, insolvency and restructuring proceedings.
Michał regularly advises banks and investment funds with respect to various legal risks connected with their activities, particularly with respect to pending or possible litigations. He also regularly advises construction companies in relation to FIDIC-based construction contracts. He has wide experience in legal aspects of managing construction projects concerning motorways, railway lines and energy infrastructure, particularly in FIDIC contractual procedures and construction claims management, from the perspective of contractor as well as employer.
His experience also covers legal advisory related to commercial contracts, mergers and acquisitions, real estate transactions, corporate governance, asset tracing and recovery, commercial criminal law and fiscal criminal law.
Memberships
- Advocate - The Warsaw Bar Association
Testimonials
- The Legal 500 EMEA (Poland) - White Collar Crime
Recent Cases
Financial litigation
- Representing a Polish insurance company in a court dispute against Polish bank concerning a high-value claim based on the insurance of the credit granted for the construction of a plywood factory in Russian Federation.
- Representing investment funds managed by a leading Polish investment fund company in 18 court disputes concerning high-value claims against the investment funds' former asset manager
Corporate disputes
- Member of a team representing investors in numerous corporate disputes, including challenging resolutions of corporate bodies and disputes between company shareholders.
- Member of a team representing one of the largest investment bank in an ICC arbitration against Polish companies in a shareholders’ dispute.
Construction disputes
- Member of a team representing PGE Górnictwo i Energetyka Konwencjonalna S.A. in a dispute against Alstom Group companies. Author of the essential part of legal argumentation based on which the Regional Court dismissed the complaint of Alstom and finally resolved the dispute related to the public tender aimed at selecting the contractor responsible for the construction of two power units of the Opole Power Plant. The dispute concerned a strategic and one of the largest investments in the Polish energy sector worth PLN 11.5 billion (approx. EUR 2.5 billion).
- Representing COVEC, a Chinese construction company, the leader of a consortium engaged in the construction of A2 motorway, in court disputes against the State Treasury – General Director for National Roads and Motorways concerning claims related to the grounds for termination of contract for the design and construction of A and C sections of A2 motorway (the value of the claims exceeded PLN 500 million, approx. EUR 111 million) and in numerous proceedings against subcontractors. Representing COVEC in the negotiations with the State Treasury – General Director for National Roads and Motorways, successfully finalised by conclusion of the settlement agreement resolving the above-mentioned disputes related to the construction of A and C sections of A2 motorway.
- Representing Spanish construction companies in a court dispute against Polish national railway infrastructure manager – PKP Polskie Linie Kolejowe S.A. concerning claims arising out of the FIDIC-based contract for the construction of a crucial section of Kraków – Katowice railway line in Poland.
Construction projects
- Providing the general contractor, a consortium of Spanish companies (Vias y Construcciones S.A., along with its JV partners Dragados S.A. and Electren S.A.) with comprehensive legal advice and legal coordination (including construction claims management), for nearly 3 years, in relation to a construction project (worth over PLN 300 million, approx. EUR 66 million) concerning modernisation of a key section of the Kraków – Katowice railway line (E30) under a FIDIC-based construction contract. Representing the general contractor in relation to the employer (Polish national railway infrastructure manager – PKP Polskie Linie Kolejowe S.A.), the subcontractors and third parties.