Dispute Resolution

When structuring and developing international business relations, it is advisable to involve a lawyer who will tailor the contracts to the specific situation and country in question. In particular the questions of choice of law, place of jurisdiction and payment protection are of immense importance here.

Our services:

• drafting and review of international contracts (supply, plant construction, cooperation, franchise agreements, etc.)
• assessment and advice on contracts in English language
• establishment of international arbitration agreements and clauses
• drafting of delivery contracts for movable goods with special consideration of Incoterms and CISG
• legal advice and defence against unjustified claims in import and export transactions via documentary credit
• out-of-court settlement or legal representation in case of dispute

We provide our clients with legal advice in the management of:

• civil law proceedings before ordinary courts both in Poland and in Austria
• administrative court proceedings in both Poland and Austria
• administrative proceedings in litigation in both Poland and Austria
• arbitration proceedings
• pre-court consultation
• criminal, financial criminal and enforcement proceedings in both Poland and Austria

We have extensive experience in national and international arbitration.

We are admitted to both Polish and Austrian legal systems and are trained and experienced in all areas of dispute resolution.

The experience of our lawyers is based on many years of practice, particularly in the pharmaceutical, chemical, energy and construction areas.

Our services include:

• national arbitration proceedings (in Poland and Austria)
• international arbitrations
• international investment arbitration
• arbitration ad hoc

Dr Wolińska-Umschaden participated in drafting procedure of numerous publication projects in arbitration field, such as International Arbitration Yearbook. She is an author of an article about VIAC-Rules (Nowy Regulamin Wiedeński, MIDA (2013)).

Dr Wolińska-Umschaden is an arbitrator by the permanent Arbitration Court of Pomerania Bar Association.

Our services include:

• drawing up analyses and opinions on selected Polish, Austrian, EU, and international regulations on ensuring business compliance
• litigation advice in civil, criminal, and administrative court proceedings
• advice and support in establishing and running companies, especially pharmaceutical, medical, food, and cosmetics companies
• comprehensive assistance with crisis management
• compliance with medical care

Dr Wolińska-Umschaden is a co-author of Compliance Handbook (Petsche/Mair [Hrsg], Handbuch Compliance, LexisNexis (2012)).

We advise on all issues associated with the execution, termination, and performance of both domestic and international civil contracts.

• we draw up, negotiate, and issue contracts and opinions
• we advise clients during contract performance
• we help to identify and bring claims arising at the implementation stage
• we draft legal contracts according to the polish law
• we draft legal contracts according to the Austrian law
• we draft legal contracts in different languages, bilingual contracts, etc.

Mr Umschaden specializes in contract law, especially franchise law. He publishes regularly together with Dr Wolińska-Umschaden in that field. Their latest book about franchise law (Jahrbuch Franchising 2016/2017) has been written in cooperation with German Prof. Dr. Eckhard Flohr.

We advise companies with Polish and foreign participation in the following areas

• establishment of companies, branches and representative offices
• planning the legally and fiscally efficient corporate structure
• contracts between partners and shareholders
• disputes between partners and shareholders
• ongoing corporate law support
• representation of the partners and shareholders in partners’ and general meetings
• representation of companies in registration proceedings
• founding of companies both in Poland and in Austria

We provide our services also for private individuals.