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DZP Obtains Record Compensation Award for PKP Intercity from Supplier of Pendolino Trains

DZP Obtains Record Compensation Award for PKP Intercity from Supplier of Pendolino Trains

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Domanski Zakrzewski Palinka successfully represented PKP Intercity in an arbitration before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw related to a dispute over payment of a contractual penalty by Alstom for a delay in the supply of Pendolino trains. The arbitral tribunal awarded PKP Intercity EUR 42.3 million with interest, allowing the greater part of its action. According to DZP, "this is one of the largest amounts awarded to a claimant in the history of Polish arbitration."

The arbitral tribunal also dismissed the greater part of the supplier’s counterclaim (allowing only about 0.5% of its claim).

According to DZP, "the dispute focused on the principles of liability of the defendant supplier of the rolling stock and reasons for the delay," and "in order to handle the case, not only a thorough knowledge of law but also familiarity with the organization of the railway market and technical aspects of the supply of trains were required."

The DZP team was led by Partner Aleksandra Auleytner, the Head of DZP's IP&TM Practice, who specializes in advising on rail transport and other matters, and Partner Jozef Palinka, the firm's Head of Dispute Resolution Practice. The team also included Partner Paweł Lewandowski, Senior Associate Maciej Orkusz, and Associate Anna Ciepla from the Dispute Resolution Practice; Partner Tomasz Darowski, Senior Associate Krzysztof Fliszkiewicz, and Associate Michal Przychoda from the Infrastructure and Energy Practice, and Counsel Tadeusz Piatek from the IP&TMT Practice.

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