Corporate and business disputes

We have many years of litigation experience in representing clients in civil and business disputes before common courts of all instances and the Supreme Court and arbitral tribunals in Poland and abroad.

We advise Polish and international companies and individuals in proceedings before public administration bodies, administrative courts and in criminal proceedings before law enforcement authorities and common courts.

We specialize in litigation, especially in complicated, multi-faceted and often controversial cases. We represent clients in litigation requiring the multiple disputes to be carried out at the same time in different jurisdictions, or involving tens of court proceedings at once throughout Poland, including bankruptcy and criminal proceedings.

We help our clients assess the litigation risk and prepare the optimum strategy to manage this risk.

We help our clients in litigation conducted abroad, in cooperation with close to 100 foreign law firms with which we have regularly cooperated for over 10 years as part of the GLOBALAW association.

  • We take a comprehensive approach to every problem.
  • We analyze the legal problems our clients have encountered and, before they make a decision on whether to take a matter to court, we assess the ability to resolve the dispute and help them mitigate the risk associated with the dispute.
  • We advise clients about the prospective benefits or adverse consequences of the steps and legal actions to be undertaken.
  • We assess the information and documents in the client’s possession, in order to prepare the best litigation strategy.
  • We draft litigation documentation and support our clients in gathering and preparing documents that are directly or indirectly associated with the ensuing litigation. Frequently, at the client’s request, we take over all of the formalities associated with the pending proceedings.
  • We provide legal representation before courts of all instances, including the Supreme Court and arbitral tribunals.
  • We conduct civil and business disputes, in particular disputes between capital and financial market entities, disputes associated with pursuing claims for damages and the protection of creditors’ rights.
  • In commercial litigation, we represent companies and their shareholders in proceedings to protect their rights.
  • We advise on restructuring and bankruptcy procedures.
  • We handle administrative proceedings, including cases to recover expropriated property in proceedings pending before financial market oversight authorities. As part of the latter proceedings, we represent clients seeking to obtain the required regulatory consents, and in proceedings involving sanctions imposed by the regulator.
  • We advise our clients and represent them in complex criminal procedures concerning the protection of business activity and the criminal liability of collective entities.
  • We cooperate with US and UK law firms in matters associated with applying US and UK anticorruption regulations.
  • We represent our clients in labor law disputes, in particular involving middle and senior level managers, and in the resolution of conflicts related to collective labor law, such as group layoffs and collective bargaining agreements.
  • We help our clients in litigation conducted abroad, in cooperation with law firms with which we have regularly cooperated for over 10 years as part of the GLOBALAW association.

Recommendations and awards

In 2015, we received the Dispute Resolution Award, and in 2016 Best Transactional Litigation – Poland Award for Innovation in Hedge Funds conferred by the Acquisition International magazine.

In 2020 and 2021, we were classified among active companies by Benchmark Litigation.

In 2022 and 2023 the DMS dispute resolution team received recommendation of Legal 500 in the area of Dispute Resolution, while Dariusz Szcześniak, Wojciech Barański and Janusz Strankowski received the recommended lawyer awards.

In 2022 and 2023 also in the dispute resolution area DMS was recognized by Chambers & Partners, while Forbes in its ranking placed DMS as one of the best law firms in Poland, recommended for corporate litigation.

  • A lawsuit conducted on behalf of a minority shareholder to repeal a resolution of the shareholders’ meeting of an insurance joint-stock company that was impeding the distribution of profit among shareholders. The case went through the common courts of both instances and the Supreme Court. It was finally concluded successfully in 2011, with the decision of the Court receiving wide media coverage, which is now frequently followed in corporate disputes.
  • Representing a bondholder of a Polish developer in a comprehensive project comprising dozens of lawsuits pending throughout Poland. The project comprised cases for damages, actio pauliana lawsuits on the protection of creditors’ rights before the courts of all instances and the Supreme Court, as well as representing the client in bankruptcy proceedings (2012).
  • Two lawsuits for the payment of bond proceeds, with the amounts due being awarded on a final binding basis in 2015 and 2016.
  • Representing one of the shareholders of a public joint-stock company as the defendant in a case for damages, based on an allegation of participation in an unlawful agreement, ending with the claim being dismissed in 2018.
  • A lawsuit conducted on behalf of a member of the management board of a joint-stock company to invalidate the appointment by the shareholders’ meeting of a proxy to represent the company in litigation, successfully concluded in 2019.
  • Representing the creditors of a public company undergoing restructuring, in widely publicized arrangement proceedings that ended with the arrangement being approved in 2019.
  • A lawsuit on behalf of a minority shareholder to declare the invalidity of resolutions adopted by the shareholders’ meeting of a public company amending the company’s articles of association. The case ended in 2020 with a final and enforceable judgement declaring the resolutions invalid as a result of an appeal being dismissed and a refusal to accept cassation appeal for consideration by the Supreme Court.
  • Representing clients – a life insurance company and an insurance agent – in multiple lawsuits for damages associated with the activity of insurance agents.
  • Representing the defendant in a lawsuit for damages for the transfer and use of a trademark ending with the final dismissal of the claim by the Court of Appeals in 2018.
  • Representing an individual in a number of proceedings instituted as a result of requests to reopen proceedings filed by the Republic of Poland, which were rejected by final and enforceable court judgements in the years 2019 -2022.
  • Representing a minority shareholder in proceedings to exclude a shareholder from the company, ending with a settlement entered into in front of a mediator, which was approved by a final and enforceable court judgement in 2021.
  • Representing individuals – minority shareholders of a limited liability company and shareholders of a joint stock company belonging to the same foreign capital group – in a number of proceedings instituted to declare certain resolutions invalid and revoke them. This ended with final and enforceable court judgements in 2021 due to the execution of out-of-court settlements.
  • Representing a leading insurance company in a dispute with a multi-agent concerning remuneration for insurance intermediation, ending with a final and enforceable judgment in 2022.
  • Representing a creditor of a bankrupt company in a cross-border dispute with members of the management board of this company and its shareholder.

Contact

Dariusz Szcześniak

partner

Legal Advisor, Managing Partner

Wojciech Barański

partner

Legal Advisor, Partner

dr Janusz Strankowski

partner

Advocate, Partner

Piotr Frelak

Counsel

Legal Advisor, Counsel

Justyna Anna Karsz

Counsel

Legal Advisor, Counsel

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+48 22 339 54 00
office@dms-legal.com

Saski Crescent
16 Królewska Street, 6th floor
00-103 Warsaw, Poland

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