Commercial disputes in Poland
Commercial disputes in Poland rarely begin with a statement of claim. They are usually preceded by delays, objections to performance, refusal of acceptance, set-off, termination or a breakdown in negotiations. The way these events are documented may determine which claims and defences remain available.
Tomasz Piotr Chudzinski & Partners Law Firm represents claimants and defendants in disputes between businesses. We act before Polish courts and in negotiations conducted before or during litigation. Our strategy is based on the contract, correspondence, evidence of performance, the parties’ financial position and the client’s commercial objective.
We conduct matters in Warsaw, Wrocław, Katowice and before courts throughout Poland. Before accepting a matter, we check conflicts of interest, procedural deadlines and whether the material required for a reliable assessment is available.
Commercial disputes in Poland handled by the Firm
Non-performance and defective performance of contracts
We act in disputes arising from service, supply, sale, cooperation, construction, implementation, licence, lease and other B2B agreements. A case may concern payment, delay, defects, the scope of completed work, acceptance, termination, contractual penalties or damages, including lost profit.
We examine more than the wording of the contract. Purchase orders, amendments, acceptance records, schedules, messages, invoices, the manner in which objections were raised and the parties’ established practice may all be relevant. We use this material to identify the facts that must be proved and the evidence that should be preserved.
Debt recovery and defence against unfounded claims
We conduct payment cases from a formal demand and negotiations through interim relief, court proceedings and enforcement. When the client is a defendant, we analyse the legal basis and amount of the claim, performance, set-off, limitation, alleged loss, contractual penalties and interest.
An invoice alone is not always sufficient. The claimant may also need to prove the underlying obligation, proper performance and the due date. The appropriate procedural route depends on the documents and the nature of the claim.
Shareholder disputes
Disagreements between shareholders may concern access to information, profit distribution, financing, transfer of shares, competing activity, management or exit from an investment. They often require corporate action, negotiation and litigation at the same time.
We analyse the articles of association, shareholders’ agreements, resolutions, financial documents and the previous decision-making practice. We assist in preparing a negotiation strategy, protecting a shareholder’s rights and conducting proceedings concerning resolutions, financial claims between shareholders or management liability.
Liability of management board members
In certain circumstances, a company creditor may pursue individuals responsible for its unpaid obligations. We handle cases concerning the personal liability of management board members, including claims following ineffective enforcement against the company.
We act for creditors and board members. Each case requires a separate review of the period in office, the company’s financial situation, insolvency issues, previous enforcement, deadlines and the statutory conditions for liability. We do not assume liability merely because a person was entered in the register.
Interim measures and security for claims
A judgment obtained after lengthy litigation may not lead to recovery if the debtor’s financial position changes. At the beginning of a case, we therefore consider whether interim relief is available and which documents may support the application.
Security is not granted automatically. The requested measure must correspond to the claim, the parties’ circumstances and the stage of the proceeding. We also assess the risk connected with enforcement of the measure.
Negotiations, settlements and mediation
A settlement is appropriate when its terms are better than the realistic litigation scenarios and can be performed. We prepare settlement proposals, participate in negotiations and identify tax or financial consequences that require confirmation by the relevant specialist.
A sound settlement deals with more than the amount and payment date. It should also address security, confidentiality, release of claims, costs, default and the termination of any pending proceedings.
How we conduct a commercial dispute
1. Initial qualification and conflict check
The client provides a concise description of the parties, the issue, the intended result, the approximate value and the nearest deadline. This enables the Firm to check conflicts and identify the documents required for analysis.
2. Document and scenario analysis
We organise the chronology, claims, defences, deadlines and evidence. We also assess litigation costs, enforcement risk and the commercial consequences of the available routes. If the material is incomplete, we explain what is missing and whether it can lawfully be obtained.
3. Pre-action strategy
We decide whether the next step should be a demand, a response, negotiation, mediation, interim relief or preparation of a claim. Not every matter requires immediate litigation, but delay must not cause the loss of a deadline or evidence.
4. Court proceedings
We prepare written submissions, work with expert evidence and represent the client at hearings. Polish commercial procedure places particular importance on presenting allegations and evidence at an early stage. We therefore establish the complete evidential position and identify relevant witnesses before filing the first substantive pleading.
5. Enforcement of the result
After a judgment or settlement, we plan voluntary performance, security or enforcement. Where justified, we also assess claims against individuals who may be liable for the business debt.
We agree key decisions directly with the client and report on each material stage. Our assessment also considers the debtor’s solvency and the impact of proceedings on the client’s business.
When to seek advice about a commercial dispute
Seek advice promptly after a serious breach, before acknowledging a debt, upon receiving a payment order or when a limitation period may be approaching. Early assessment helps preserve correspondence, documents and information about assets. It also reduces the risk of inconsistent statements in related proceedings.
Fees and the first meeting
Commercial disputes require an individual fee proposal. The value and number of claims, volume of documents, procedural stage, number of parties and expected workload are among the relevant factors.
An initial qualification limited to determining whether the Firm can accept the case and which materials are required for a fee proposal may be conducted without charge. It is not legal advice and does not constitute a full assessment of the prospects. If the client requires a detailed review and recommendation before instructing us to conduct the dispute, the scope and fee are agreed separately.
Information required for an initial assessment
Please provide through the contact form:
- the names of the parties, solely for a conflict check;
- a brief description of the contract and the problem;
- the expected result;
- the approximate value of the dispute;
- whether proceedings are already pending;
- the nearest procedural or limitation deadline, if known;
- a list of the principal types of documents.
Please do not send an entire correspondence archive at the first stage. After qualification, we will indicate a secure way to provide the necessary material.
Frequently asked questions
Must a demand for payment be sent before proceedings?
This depends on the claim, the contract and previous correspondence. A demand may affect maturity, interest, costs and the assessment of attempts to resolve the dispute amicably. Its wording should be consistent with the strategy for the whole matter.
Can a claim be secured before the case ends?
Yes, in appropriate circumstances. The application must make the claim and the legal interest in security sufficiently plausible, and the proposed measure must fit the case. We assess the opportunity and risks on the basis of the documents.
Do you represent defendants?
Yes. We act on both sides of commercial litigation. Defence requires prompt review of the served documents, deadlines, evidence of contractual performance, potential defences and counterclaims.
Can a commercial dispute be settled?
Yes, if the other party is prepared to negotiate and the terms are workable and consistent with the client’s interests. Negotiations may take place before proceedings, during the case or through mediation.
Do you conduct cases outside Warsaw?
Yes. We represent businesses in Wrocław, Katowice and before courts in other parts of Poland. The working arrangements depend on the court, procedural stage and client needs.
Do you need an assessment of a commercial dispute in Poland?
Use the contact form to describe the parties, subject matter, approximate value, current stage and nearest deadline. Following an initial qualification, we will identify the documents required and propose the scope of further work.
For contract drafting and ongoing risk management, see our legal services for businesses in Poland. Further guidance on Polish procedure, evidence and disputes between companies is available in our English-language blog.
