Przemysław Drapała

Practice Areas

Prof. Drapala has over 20 years’ experience in domestic and international litigation and arbitration proceedings, especially with focus on construction disputes. Head of Litigation and Arbitration Team. He represents and advises leading contractors and private investors in proceedings before Polish common courts and Supreme Court as well as arbitral tribunals concerning complex construction and infrastructure projects. He also acts for companies from the automotive and real estate industries, manufacturers and suppliers of technology and financial institutions.

Career

Partner at JDP since 2008. Professor of Civil Law, Head of the Department of Civil Law at the Kozminski University in Warsaw.

Professional Memberships

Member of ICC Poland, member of the Management Board of the Court of Arbitration at the Polish-German Chamber of Industry and Commerce; Chairman of the Expert Group for Law of the Polish Association of Construction Industry Employers (PZPB), member of Polish Arbitration Association.

Publications

Author of over 90 publications on civil and commercial law and arbitration, including System Prawa Prywatnego [Private Law System], vol. 5, 6 and 7 (Prawo zobowiązań – część ogólna, Prawo zobowiązań – część szczegółowa [Obligations law – general part, Obligations law – specific part] C.H. Beck, 2006–2020); co-author together with judges of the Supreme Court of a commentary to the Civil Code (Kodeks cywilny. Komentarz. Zobowiązania – część szczegółowa [Civil Code. Commentary. Obligations – specific part]), J. Gudowski (ed.), Wolters Kluwer, 2013–2017); author of monographs “Umowy odnoszące się do osób trzecich” [Contracts relating to third parties] (C.H. Beck, Warsaw 2016); “Prowadzenie cudzych spraw bez zlecenia” [Negotiorum gestio] (C.H. Beck, Warsaw 2010), “Przejęcie długu, przejęcie praw i obowiązków z umowy” [Take-over of debt and rights and obligations under an agreemen] (C.H. Beck, Warsaw 2016)

Work Highlights

Selected court proceedings

-representing a general contractor in court proceedings against a contracting authority concerning a claim for remuneration and damage redress in connection with construction of the National Stadium in Warsaw (value of dispute: over PLN 139 million, names of litigants published in mass media);

-representing a general contractor in court proceedings against an employer regarding an amendment to an agreement, increase of remuneration and extension of a time for completion in connection with construction of a national road section (value of dispute: over PLN 325 million);

-representing a general contractor in court proceedings initiated by a contracting authority regarding payment of a contractual penalty with respect to two public utility projects (value of dispute: over PLN 200 million);

Selected proceedings before the Supreme Court

-drafting a cassation appeal and legal representation of one of general contractors before the Supreme Court in proceedings concerning the Białystok city stadium (value of dispute: over PLN 134 million);

-drafting a cassation appeal and legal representation of a general contractor before the Supreme Court regarding payment of a contractual penalty by a public contracting authority (value of dispute: over PLN 47 million);

-drafting a reply to a cassation appeal and legal representation of a leading construction company in proceedings before the Supreme Court concerning the repealing of the ICC International Court of Arbitration’s award (value of dispute: over PLN 30 million);

Selected arbitration proceedings

- legal representation of a Polish manufacturer in arbitration proceedings before the National Chamber of Commerce concerning claims under a vehicle delivery contract (value of dispute: over PLN 104 million);

- legal representation of a Polish general contractor in proceedings before the ICC against an investor in connection with construction of a national road section (value of dispute: over PLN 30 million); the outcome was that common courts and the Supreme Court dismissed the complaint to repeal an award of the ICC International Court of Arbitration;

-legal representation of a Polish general contractor in proceedings before the ICC against an investor in connection with an infrastructure in Poland (value of dispute: over PLN 22 million); successful representation in proceedings before common courts regarding the repealing of an award of ICC International Court of Arbitration;

Experience as an arbitrator

- acting as the presiding arbitrator in international arbitration proceedings before the ICC between a group of German companies and a group of Austrian companies regarding breach of share deal agreements;

-acting as the sole arbitrator in arbitration proceedings before Deutsche Institution für Schiedsgerichtsbarkeit between a Polish company and a German company regarding breach of a sale and purchase agreement;

-acting as an arbitrator in ad hoc arbitration proceedings managed by the National Chamber of Commerce between a Polish contractor and a public contracting authority regarding an energy project (value of dispute: almost PLN 400 million);

Selected experience in legal advice

-advising a consortium on construction of ERTMS/GSM-R infrastructure on railway lines across Poland; contracting authority: PKP Polskie Linie Kolejowe S.A. (project value: PLN 2.8 billion);

- advising a general contractor performing a key railway project in Łódź, contracting authority: PKP Polskie Linie Kolejowe S.A. (project value: over PLN 1.6 billion);

- advising a general contractor constructing a section of the Gdańsk South Bypass; contracting authority: General Directorate for National Roads and Motorways (GDDKiA) (project value: over PLN 1.1 billion).

Industry Sector Expertise

-Litigation and Arbitration

-Infrastructure and Construction Industry

-Public Procurement

Languages Spoken

-Polish

-German

-English

Awards