SPCG Law Firm successfully represented MPK Kraków in the dispute before the Court of Appeal in Kraków which heard the manufacturer’s complaint to set aside the judgment of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw to the effect that MPK Kraków is entitled to a contractual penalty in the amount of approx. PLN 15 m from the tram manufacturer due to a delay in vehicle delivery.
Earlier on, in the dispute between the parties, SPCG Law Firm represented MPK Kraków in the proceedings before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in which a judgement was given that the provider of “Krakowiak” trams is liable for a delay in the delivery and should therefore pay MPK Kraków the applicable contractual penalty. The Court of Arbitration concluded that the manufacturer’s assertions about the delay resulting solely from a Force Majeure event, i.e. the unprecedented heat wave in the summer of 2015, the related power supply restrictions imposed upon industrial facilities and the changes in the design introduced by MPK Kraków in the manufacturing process were unfounded. In that regard, the Court of Arbitration endorsed SPCG’s pleas that the changes in the design were covered by a contractually agreed procedure for arrangements to be made with the client at an early stage of tram production and, like the heat and power supply restrictions relied upon by the manufacturer, they did not have an actual impact on the delay of several months in the production and delivery of ”Krakowiak” trams.
On behalf of SPCG, in the proceedings before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw and the Court of Appeal in Kraków, MPK Kraków was represented by Jakub Górski, Partner and Paweł Węc, Senior Associate. The team also included Marta Rytlewska, Senior Associate, Paweł Łękawski, Associate, Aleksandra Tabor, Junior Associate and Marcin Kurek, Junior Associate which were dealing with the case at its individual stages.