At MFW Fiałek, we offer advice on dispute resolution (civil, business, and administrative) before arbitration tribunals, common and administrative courts, and administrative bodies through mediation and settlement negotiations.
At every stage of the dispute, our advice is aimed at resolving the dispute on the most satisfactory possible terms for the client.
We understand how important it is for our client to react quickly and effectively in the face of dynamic changes in a business’s financial situation.
Apart from our knowledge of arbitration, judicial, and administrative practice, we have many years of experience in negotiating complex transaction documentation, which enables us to thoroughly understand the needs and quickly adapt to our clients’ expectations.
We specialise in advising clients at the pre-litigation stage as well as in arbitration, judicial, and administrative proceedings regarding:
- post-transaction disputes,
- corporate disputes,
- regulatory disputes,
- commercial disputes,
- restructuring and bankruptcy proceedings.
In the area of post-transaction disputes, we advise clients on:
- disputes regarding liabilities for assurances,
- disputes regarding indemnity liabilities,
- disputes regarding price settlements,
- disputes regarding infringement of non-competition clauses,
- disputes regarding violations of specific provisions of investment agreements, shareholders’ agreements, or share sale agreements.
In the area of corporate disputes, we advise clients on:
- disputes regarding ownership of shares or stocks,
- disputes regarding the property and non-property rights of partners,
- disputes regarding the valuation and value of shares and stocks,
- disputes regarding appeals against resolutions of corporate bodies,
- disputes regarding the correct establishment of company bodies,
- disputes regarding the liability of management board members,
- disputes regarding excluding a partner or dissolving a company.
In the area of regulatory disputes, we advise clients on:
- disputes regarding public companies’ proper performance of their information obligations,
- disputes and proceedings regarding insider dealing,
- disputes regarding voting admissibility at general meetings of public companies,
- disputes regarding the correctness of disclosures in prospectuses,
- disputes regarding the proper management of investment funds,
- disputes regarding the proper operation of brokerage houses, investment firms, and depository banks,
- proceedings before the Polish Financial Supervision Authority.
In the area of commercial disputes, we advise clients on:
- claims regarding the improper performance of commercial contracts, including the obligation to remedy damages,
- consumer protection and acts of unfair competition,
- improper execution of construction works,
- responsibility for pharmaceutical products,
- enforcement and exclusion from enforcement of assets.
In restructuring and bankruptcy proceedings, we advise clients in the following areas:
- initiating restructuring proceedings or filing for bankruptcy,
- reporting creditors’ claims as part of restructuring and bankruptcy proceedings,
- representing companies threatened with bankruptcy or restructuring and their creditors in all aspects of restructuring or bankruptcy proceedings.
As part of the dispute resolution practice, our advice includes:
- a legal and factual analysis to assess the chances of a positive dispute resolution and to estimate its results, duration, and costs,
- preparing a dispute management strategy,
- conducting preparatory activities before entering into a dispute, so that the dispute causes as little burden as possible to the client’s business,
- settlement negotiations before entering into a dispute or during an ongoing dispute, including as part of mediation proceedings,
- representing clients at every stage of arbitration, judicial, and administrative proceedings,
- representing clients in enforcement proceedings and proceedings to secure claims.
