Vladimir Polach’s primary practice focus is domestic and international dispute resolution, including litigation, commercial arbitration and investor-state arbitration. Vladimir’s experience involves a number of significant domestic and international cases dealing with complex legal and factual issues, such as damage cases, squeeze-out disputes or regulatory matters in various industry areas, including the energy, petrochemical, telecommunications and real estate sectors.

    Vladimir has advised and represented clients in a number of commercial litigation and arbitration cases involving claims for breaches of contracts, warranty claims and post-acquisition claims of substantial value. Vladimir has also advised and represented clients in many court proceedings concerning administrative disputes, contractual disputes, shareholders’ disputes and director’s liability.

    Vladimir has further advised clients in various dispute-related processes, including pre-court action and pre-arbitration notices and communication with governmental authorities, regulators or international institutions.

    Vladimir has cooperated with domestic and international regulatory and business experts regarding valuation of claims under, for example, discounted cash flow models.

    In addition, Vladimir has assisted clients in various administrative and criminal investigations and proceedings, including by pursuing claims for damages and advising on criminal defence of corporations and their employees.

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    Litigation

    • Representing a Swiss company in court dispute involving claims for payment of unjust enrichment regarding investment and financial services allegedly provided to the client by a Czech company and foreign individuals.
    • Representing a US company and its Czech subsidiary in court disputes concerning the client’s intellectual property rights to certain innovative chemical processes.
    • Representing a commercial real estate developer in court dispute regarding validity of contracts for development of a new shopping mall project of substantial value.
    • Representing a client in court disputes regarding validity of shareholders’ resolutions and shares of considerable value issued by a Czech joint venture company.
    • Representing a client in disputes regarding a squeeze out of the client’s shares from a company operating an administrative centre in the Czech Republic.
    • Represented a shopping mall owner in court disputes involving claims arisen from breaches of lease agreements regarding shops with luxury clothes brands. The case settled favourably for our client.
    • Advised a petrochemical company in court dispute defending against multiple claims for payment of alleged additional consideration under Section 183k of the (former) Commercial Code brought by minority shareholders as a result of squeeze out.
    • Advised a company in several court disputes asserting claims against a management board member for breach of fiduciary duties, including successful extraordinary appellate proceedings before the Supreme Court of the Czech Republic.
    • Advised a company in court dispute concerning contractual claims for remuneration brought by a supervisory board member dealing with various legal issues, including non-competition clause and duty of loyalty.
    • Advised a petrochemical company in court dispute under Section 147 of the Insolvency Act defending against claims for compensation of damages of substantial value.
    • Advised a company in court proceedings under Chapter 5 of the Civil Procedural Code defending against court action for declaration of invalidity of a resolution issued by the Czech National Bank.

    Commercial Arbitration

    • Advised a major energy company in an ICC arbitration involving claims for breaches of contract regarding a joint venture electricity generation project, including assistance in various related corporate and financial processes regulated by laws of three jurisdictions and successful implementation of the ICC award, bestowing considerable damages to the client.
    • Advised a buyer of a Czech aerospace manufacturer in an ICC arbitration regarding breach of representations and warranties provided in a share purchase agreement. The case settled favourably for our client.
    • Represented a Czech subsidiary of a global sporting goods retailer in a Czech arbitration involving claims for contractual penalties of considerable value. All claims against our client were dismissed.
    • Advised an energy company in a Czech arbitration defending against multiple claims brought by a bio-fuel producer regarding supply of electricity and heat. The case settled favourably for the client.
    • Advised a company in a Czech arbitration for breaches of software development contracts. All claims against the client were dismissed.
    • Advised a company in series of local arbitration cases defending against claims for contractual penalties and damages of significant value arisen from various real estate transactions.

    Investment Arbitration

    • Advising the Republic of Kosovo in an ICSID arbitration initiated by a German entity in connection with an alleged investment in the telecommunications sector (ACP Axos Capital GmbH v. Republic of Kosovo, ICSID Case No. ARB/15/22).
    • Advised a major energy company in a UNCITRAL arbitration under the Energy Charter Treaty, including day-to-day regulatory and financial issues of the distressed client’s subsidiary, assertion of claims guaranteed by financial instruments issued by the World Bank and a successful settlement of the dispute.
    • Advised clients in several high-profile cases dealing with arbitration claims (or defence against them), including assessment of claims under the Energy Charter Treaty and/or BITs, in particular in the renewable energy sector.

    White Collar and Criminal Investigations

    • Representing a Swiss company as a damaged party in criminal proceedings and pursuing claims for compensation of damage caused to the client.
    • Advising clients in connection with the criminal defence in various investigations and proceedings pending before Czech and foreign criminal authorities.

    Education

    • Charles University in Prague, 2010
    • Heinrich Heine University Dusseldorf, 2009

    Admissions

    • Czech Republic, 2014

    Languages

    • Czech
    • English
    • German
    • Recommended in The Legal 500 2018 for Dispute Resolution as "well-prepared"
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