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Elżbieta Żemojtel
Of Counsel
Elżbieta Żemojtel leads the Litigation team in the Warsaw office. She represents clients before courts and enforcement authorities and advises in commercial disputes before common courts of all instances and arbitration courts. She represents Polish and foreign companies in numerous disputes in various sectors, including construction, energy, pharmaceutical, food and automotive, as well as hypermarkets and consultancy.
She also advises on criminal cases (mostly so-called white collar crimes) regarding infringements and irregularities resulting in the criminal liability of employees, managers and persons managing commercial companies, capital frauds, acts to the detriment of creditors, acts of corruption, accidents at work and others.
- Litigation
- Representing large Polish and foreign renewable energy investors and developers in a series of disputes with the State Treasury over the financing of wind projects, as well as in disputes with Polish utilities over unlawful termination of agreements on the sale of electricity and property rights from certificates of origin.
- Representing a German manufacturer of Radio Frequency Identification (RFID) transponders for animal tracking in an unfair competition dispute against a Polish entrepreneur.
- Representing one of the largest clothing companies in a court dispute in relation to the lease rent during the COVID-19 pandemic restrictions.
- Representing one of the Polish energy companies in a dispute with a Polish state-controlled energy off-taker in relation to the unlawful attempt to terminate the long-term energy offtake agreement.
- Representing a recognized global manufacturer and distributor of automotive products in several civil and competition suits in Poland regarding payment of alleged damages and involving unfair competition issues to the detriment of the client.
- Representing a Scandinavian manufacturer of agricultural production systems in product liability proceedings in Poland.
- Representing the leading US-based distributor of chemicals, plastics, speciality and performance chemical products in court proceedings before the Polish district and regional courts in cases concerning alleged discrimination, severance pay issues and noncompete compensation.
- Representing the State Treasury in one of the largest construction disputes in the country, with the value in controversy in excess of PLN 1 billion, pertaining to a FIDIC-based contract performance (contract termination, additional remuneration claims, extension of time for completion and liability for design faults).
- Representing the State Treasury in a dispute with a southern Poland highway section contractor in relation to a FIDIC-based contract performance.
- Representing the State Treasury in a dispute with a northeastern Poland national road contractor in relation to a FIDIC-based contract performance.
- Representing contractors in a dispute before the SIDIR arbitration court against a contracting party – a dispute regarding stipulated penalties based on construction delays.
- Representing a leading telecommunication operator in regulatory disputes.
- Representing members of the management boards of commercial companies in matters related to acting to the detriment of capital fraud companies, actions to the detriment of creditors, and keeping unreliable documentation.
- Representing hospital employees and representatives of pharmaceutical companies in cases of fraud, abuse of trust in economic transactions, and crimes.
- Representing members of management boards of commercial companies and accountants in matters related to criminal-fiscal offenses.
- Representing members of management boards of commercial companies and public officials in cases of corruption, including cases involving tenders.
- Representing members of management boards of commercial companies and persons performing managerial duties in cases involving accidents at work.
- Representing commercial companies in cases involving fraud and the misappropriation of entrusted property of great value by their employees to the detriment of the companies.
- Conducting internal audits on anticorruption regulations.
- Conducting training on FCPA, UK Bribery Act and Polish anticorruption regulations.
Education
- Jagiellonian University, LL.M., 2001
Admissions
- Warsaw Bar Association, 2007
Memberships & Affiliations
- Member of the Polish Arbitration Association, 2020
- Warsaw Bar Association, 2007
Languages
- Polish
- English