Hubert Wysoczański, PhD – advocate having considerable experience in drafting and negotiating contracts, as well as advising and representing Clients in litigation and arbitration in the field of construction, infrastructure, energy, environment, public procurement, investment treaty and trade.
Successfully counselled and represented Clients in over 80 large infrastructure projects of a total value of over USD 2.3 billion. Has considerable experience in managing international clients and matters. Collaborated with Chinese, US, Canadian, Spanish, Portuguese, UK, German, Swedish, Polish, Danish, Cyprus and other global companies. Between 2011 and 2017 he cooperated with international law firms – White & Case and K&L Gates.
PhD in Law at the Jagiellonian University in Krakow. Graduated from the University of Melbourne – Melbourne Law School in Australia and the Bucerius Law School in Hamburg (Germany). Author of a number of articles on issues related to construction, the FIDIC Conditions of Contract, energy law and arbitration. Published two books on construction contracts and infrastructure projects, which provide for a detailed construction law and construction contracts analysis. Regular speaker at workshops and seminars for business representatives active in infrastructure, construction, energy and public procurement sectors. He is fully proficient in English and Polish.
Advocate Hubert Wysoczański, PhD, has years of experience in providing advice and representation to entrepreneurs in civil, commercial, administrative and criminal matters, during pre-contract negotiations, in the project development phase, as well as in disputes before state courts, administrative courts and in national and international arbitration. He has frequently represented employers and contractors in infrastructure projects, including motorways, express roads, power plants, power lines, wind farms, mines, commercial and residential buildings. He took part and supervised teamwork in several due diligence projects. He has led cases related to power projects, i.a. acted in disputes in administrative and civil court proceedings regarding environmental permits, environmental impact assessment, spatial planning and zoning permissions, building permits, particularly in the renewable energy sector.
Below is a list of selected projects that he participated in.
Construction, infrastructure, commercial disputes
- Advised and succcessfully represented one of the largest Polish architecture and design companies in the negotiation process of a long-term, multimillion contract with one of the top Belgian multinational construction companies for architectural and design services regarding a building complex consisting of nine commercial buildings, residential estate, hotel, and underground tunnel, part of the project called the ‘New Centre of the City of Lodz’.
- Advised and acted for a leading Polish energy and construction company on corporate matters, including drafting and negotiating an investment agreement, commercial contracts, corporate and internal documents and legal opinions.
- Advised and successfully represented a Client in the negotiation process of a multimillion contract with the largest Polish construction group for architectural and design services regarding a residential / commercial building complex with sparking space infrastructure.
- Advised and represented a Portuguese company in a FIDIC arbitration against a JV partner related to claims after the completion of a FIDIC-based public procurement contract for an expressway.
- Advised and drafted pleadings for a power plant based in Poland in arbitration against a major Spanish construction company in a dispute related to a variety of construction matters (contract value USD 400M).
- Advised in matters related to the construction of the first liquefied natural gas (LNG) terminal in Poland and in an pre-arbitration dispute between the Polish employer and foreign JV contractor.
- Advised and represented a major Spanish construction company with respect to two strategic double-circuit 400kV overhead power line construction projects (i.a. successfully represented in negotiations leading to obtainment of an annex to the main contract providing for a 95-day extension of time for contract completion).
- Advised and represented six Portuguese construction JVs in FIDIC disputes against the General Directorate for National Roads and Motorways in Poland concerning construction of motorways and express roads in Poland, including interim measures proceedings before Polish and foreign courts.
- Advised and represented a major Chinese construction and engineering company, one of Asia’s largest, in a variety of contentious and non-contentious construction, contractual, civil, tax and insolvency matters, with regard to a construction of a motorway in Poland.
- Advised and represented a Cyprus-based company in international arbitration against another Cyprus company regarding construction and sale of a wind farm.
- Advised a major US company in preparation of a general subcontract for construction works.
- Advised a Canadian company in matters of construction law, environmental protection, international investment treaty protection and investment arbitration with regard to a gold mine construction project in Romania.
- Advised a global telecommunication operator with regard to several disputes with other operators on the Polish market.
- Advised a Polish coal mine in administrative proceedings regarding obtainment of rights to geological documentation.
- Advised and prepared pleadings for the world’s most innovative ceramic tiles factory in a dispute against the Polish Agency for Enterprise Development regarding refusal to pay out subsidies granted according to the rules of the Innovative Economy Programme.
- Advised a lessor leasing a property for the purposes of a US Consulate with regard to matters of governing law and dispute resolution procedure.
- Advised and represented a number of wind companies in a variety of matters related to construction of wind farm projects, including negotiation of several balance of plant contracts based on the FIDIC Conditions.
- Advised the largest Polish energy company in relation to construction of a 450 MW coal-fired plant in matters of construction, claim management, public procurement, and arbitration proceedings.
- Advised on and drafted construction contracts, contracts for design services, subcontracts, and other contractual documents with regard to multimillion projects such as public utility buildings and commercial and residential complexes, carried out by largest Polish and foreign developers.
- Advised and represented wind farms investors and contractors on a variety of matters related to over 50 wind farm projects, with a total capacity of approx. 3 GW, particularly in administrative and court proceedings concerning environmental permits, acoustic analyses, environmental impact assessment, zoning permissions, zoning plans, building permits, ecological surveys, complains over excessive length of administrative proceedings.
- Advised foreign and domestic investors on offshore wind power plant projects in Poland with a total capacity exceeding 2 GW, including, i.a., obtaining offshore permits under the new Maritime Areas Act and during the competitive procedure.
- Advised and represented energy companies in negotiations, administrative proceedings and litigation in relation to interconnection to the grid and transmission arrangements (over 30 cases), including ground-breaking disputes with grid operators concerning wind farm grid interconnection agreements before the President of the Energy Regulatory Office, the Competition and Consumer Protection Court, and the Appellate Court in Warsaw.
- Represented and advised the biggest Polish renewable group of companies in numerous administrative and court proceedings with regard to the issuance of environmental decisions, zoning decisions and building permits.
- Represented and advised the biggest Spanish renewable group of companies in numerous administrative and court proceedings with regard to the issuance of environmental decisions, zoning decisions and building permits.
- Participated in over 20 due diligence projects involving wind farms (for sellers, buyers, and financing institutions), analysed in particular construction matters, as well as environmental, energy, contractual and administrative and litigation issues. Supervised a number of due diligence processes and coordinated team work.
- Represented a Client in negotiations of tripartite contracts of sale of rights and obligations related to wind farm projects, including transfer of administrative decisions and permits.
- Advised a major Danish utility in respect of PPA agreements, as well as interconnection and other project development matters related to several wind farms.
- Advised land owners in court disputes over utility servitude and transmission line easements, i.a. over claims against power line companies regarding compensation for unlawful use of land.
- Provided advice to foreign energy companies on a broad range of issues related to pursuing commercial activities in Poland.
- Advised with regard to interconnection of power receivers to the internal grid of traditional power plant.
- Advised a Canadian company on environmental damage liability related to a purchase of contaminated galvanic plant facilities.
- Advised on coal concession matters for the biggest Polish mine company.
- Prepared EU directives implementation projects for the renewable energy sector associations and governmental bodies.
- Participated in talks and advised investors and wind energy associations (including EWEA: The European Wind Energy Association, and PWEA: The Polish Wind Energy Association) in the consultation process and the drafting of the Renewable Energy Sources Act and other energy laws in Poland.