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We successfully recovered a multi-million dollar claim for our client
28/11/2024
We recovered a receivable in excess of PLN 22 million invested in a project involving the redevelopment and sale of a prestigious property in Kraków.
This is the result of the support we provided to our client – a foreign non-EU company operating in the real estate market.
What makes this case unique?
The set of contracts concluded contained ambiguous prorogation and governing law clauses. This required the development of an argumentation that proved that the Polish court had jurisdiction to hear the case.
A two-way approach – the case was pursued simultaneously on a litigation level and in multilateral negotiations regarding the investment itself and the client’s capital commitment. Our actions led to a favourable settlement, despite the initial lack of prospects for a solution satisfactory to all parties to the transaction.
We had to coordinate the work related to the court case in parallel with the dispute in the client’s domicile (closely related to the Polish proceedings).
Comprehensive legal support – we provided legal services at every stage and in all aspects of the recovery process, including:
– negotiations
– preparation of documentation;
– implementation of mechanisms safeguarding the client’s interests (also from the tax aspect – WHT).
The transaction was carried out under great time pressure and in a highly dynamic environment. It required swift reactions to the frequently changing needs and expectations of the other parties. There were many twists and turns at key moments (e.g. notarial activities being cancelled from one hour to the next or documents necessary to finalise the transaction being held up by the customs agency). Thanks to the commitment and quick and decisive reaction of our team, we managed to bring the transaction to a successful conclusion.
The case involved an interdisciplinary team consisting of: Natalia Komarzanska, Mateusz Kisiela, Marcin Oleksiejuk and Kamila Wojtanowska.