Vladimír Polách

Litigation

• Representing a major US manufacturer and distributor of automotive oils, additives and lubricants in a complex cross-border court dispute with its customer dealing with supply chain issues from various EU and non-EU markets and jurisdictions. The court of the first instance has adjudicated all claims brought by our client, including the default interest and legal costs.
• Representing a client in Czech court proceedings initiated by a major mining company alleging claims for damages against our client of a significant financial value. The court of the first instance has dismissed all claims brought against our client, and the opposing party has been ordered to compensate our client’s legal costs.
• Representing a Czech subsidiary of a global group of companies providing ground-handling, cargo-handling, fuelling and related airport services in three labour court proceedings.
• Representing a commercial real estate developer in a court dispute regarding the validity of contracts for the development of a new shopping mall project of substantial value, including the extraordinary appellate proceedings before the Supreme Court of the Czech Republic.
• Representing a supplier of electricity and natural gas to the Czech market in a series of court proceedings regarding a dispute between a majority shareholder and an alleged minority shareholder in a market-leading company.
• Represented a leading Czech industrial company, designing and providing solutions in the field of industrial automation, product testers and machine vision systems, in a dispute against an investment fund for damages resulting from the pre-contractual liability (culpa in contrahendo). The case settled favorably for the client.
• Represented a Czech entity belonging to a global group of companies involved in the manufacture of various types of roofing solutions in a court dispute against a former executive director for the protection of the company’s reputation. The client obtained a final and effective judgment from the Czech court, ordering the opposing party to issue a letter of apology and provide our client with compensation of legal costs incurred before the Appellate Court.
• Represented a Czech-Israeli developer against a municipality in the Czech Republic for damages of significant financial value. The case was settled favourably for our client.
• Represented a client in disputes regarding a squeeze out of the client’s shares from a company operating an administrative centre in the Czech Republic. The case was settled favourably for the client.
• Represented 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. The client obtained a final and effective judgment from the Czech court, bestowing the full amount of damages claimed by the client against the opposing party, including the compensation of legal costs.
• Represented a client involved in the development and operation of shopping malls in a court dispute against a tenant of a shopping unit, and its owner, for the compensation of damage and payment of contractual penalties resulting from unlawful termination of a lease contract. The case was settled favourably for our client.
• Represented a US company and its Czech subsidiary in court disputes concerning the client’s intellectual property rights to certain innovative chemical processes.
• Represented a Swiss company involved in the international transportation of oil and fuels in pending court proceedings against a Czech company regarding financial claims arising from a settlement agreement. The court has adjudicated all claims brought by our client, including the default interest and legal costs.
• Represented a shopping mall owner in court disputes involving claims arisen from breaches of lease agreements regarding shops with luxury clothes brands. The case was settled favourably for our client.
• Advised a petrochemical company in a 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 breaches of fiduciary duties, including successful extraordinary appellate proceedings before the Supreme Court of the Czech Republic.
• Advised a company in a court dispute concerning contractual claims for remuneration brought by a supervisory board member dealing with various legal issues, including a non-competition clause and the 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

• Representing an energy concern in an ICC arbitration against a supplier of natural gas involving claims of significant financial value.
• Representing a major Czech and CEE group involved in aluminium, metallurgical and machinery industries, in an ICC arbitration against a designer of industrial machines.
• Represented a Czech company operating a successful shopping mall in a commercial arbitration against an international asset manager involving claims for the compensation of damage resulting from the organization of electricity tenders for the shopping mall and its tenants.
• Represented a Czech subsidiary of a global sporting goods retailer in a commercial arbitration involving claims for contractual penalties of considerable value. All claims against our client were dismissed.
• 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.
• Advised a major energy company in an ICC arbitration involving claims for breaches of a 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 an energy company in a commercial 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 commercial 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

• Advised the Republic of Kosovo in an ICSID arbitration against ACP Axos Capital GmbH (ICSID Case No. 15/22). The dispute arose under the Germany-Kosovo BIT in connection with an alleged investment in the telecommunications sector. All of the investor’s claims were dismissed and our client was awarded the totality of its costs.
• Advised a major energy company in an 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, Internal Corporate and Criminal Investigations

• Represented a major pharmaceutical company in an internal compliance and regulatory investigation.
• Represented a global provider of products and services for the healthcare sector in a workplace investigation.
• Represented a global group of companies with business activities in the aviation sector across the globe in a workplace investigation.
• Represented an international education institution in an internal investigation.
• Advised clients in a variety of other internal corporate investigations relating to allegations of violations of anti-corruption, labour and criminal legislation.
• Representing and advising clients in connection with criminal and related investigations and proceedings pending before Czech and foreign authorities.