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The law firm Domański Zakrzewski Palinka represented PKP Intercity in an arbitration over the payment of a contractual penalty by Alstom for delayed supply of Pendolino trains. The arbitral tribunal awarded PKP Intercity EUR 42.3 million with interest, allowing the greater part of its action. 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).
The case was pending before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw. The dispute focused on the principles of liability of the defendant supplier of the rolling stock and reasons for the delay.
In order to handle the case, not only a thorough knowledge of law but also familiarity with the organisation of the railway market and technical aspects of the supply of trains were required.
The case was handled by an interdisciplinary DZP team led by Dr Aleksandra Auleytner, Partner and Head of IP&TM Practice, who specialises in advising on rail transport and other matters, and Józef Palinka, Partner and Head of Dispute Resolution Practice at DZP.
The team also included Paweł Lewandowski, Partner, Maciej Orkusz, Senior Associate, and Anna Ciepla, Associate, from the Dispute Resolution Practice; Tomasz Darowski, Partner, Dr Krzysztof Fliszkiewicz, Senior Associate, and Michał Przychoda, Associate, from the Infrastructure and Energy Practice, and Tadeusz Piątek, counsel from the IP&TMT Practice.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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