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Protection of a multimillion-zloty public purpose investment

We advised on a project for expanding the largest passenger terminal in Poland, whose implementation was threatened by a dispute with an entity that possessed, in its view, an enforceable right to rent duty free and travel retail premises located on the investment site. Our advice involved dozens of court proceedings, including over claims for protection of possession, cessation of construction, prohibitions on drawing down bank guarantees, the handover of the subject of the rental, and compensation. We also advised our client on eviction proceedings conducted on the basis of the provisions of the ‘special airport law’, and thereafter in precedential judicial-administrative proceedings concerning the scope of application of that regulation. The proceedings ended with rulings beneficial for our client being handed down by the Supreme Administrative Court. The total value of the mutual claims by the parties to the dispute was about 500 million zlotys, while the value of the investment itself was about 800 million zlotys. The dispute ended with the conclusion of a post-arbitration settlement after proceedings held before the Arbitration Tribunal at the Permanent Arbitration Court in The Hague.