DZP acted for two companies, one Spanish and the other Dutch, from the Spanish Uriel Inversiones capital group in a dispute over payment of an additional fee. The fee, in the form of a success fee, was set pursuant to an agreement on the purchase of shares in a special purpose vehicle (SPV) responsible for constructing and operating a wind farm in Poland. This dispute between foreign entities was heard by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw and ended successfully for DZP’s client.

The client had claimed PLN 15 million from the Spanish acquirers of the shares in the SPV as a success fee for the SPV obtaining the public subsidy that it had applied for during the share purchase process. The dispute centred mainly on an interpretation of the agreement provisions laying down the conditions for gaining the right to the success fee. Following the favourable award in the arbitral proceedings, the law firm supported the client in negotiating the debt payment principles.  

The case was handled by our Litigation Practice experts Józef Palinka, Partner and Head of Practice, Paweł Lewandowski, Partner, Maciej Orkusz, Senior Associate, and Anna Ciepla, Associate, supported by Tadeusz Piątek, Counsel in the IP&TMT Practice, and Spanish Desk lawyers Katarzyna Kuźma, Partner, and Jose Luis Villacampa, Senior Associate.