Elżbieta Żemojtel is of counsel in the Communications Practice with more than 13 years’ experience in representing clients before courts and enforcement authorities. She advises in commercial disputes before common courts of all instances and arbitration courts. She has represented 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 and acts of corruption.

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    • 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. The dispute relates to stipulated penalties based on construction delays.
    • 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 the unlawful termination of agreements on the sale of electricity and property rights from certificates of origin.
    • Representing a leading telecommunication operator in regulatory disputes.
    • Representing a leading telecommunication operator in a dispute for payment, based on a telecommunication networks merger agreement performance.
    • Representing a leading telecommunication operator in a dispute for payment of stipulated penalties resulting from a telecommunication networks merger agreement.
    • 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

    • Poland, 2007

    Languages

    • Polish
    • English

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