Guarantee Disputes
For many years, we have handled disputes arising from bank and insurance guarantees—both on the beneficiary-issuer line and in matters concerning recourse claims for reimbursement of paid amounts.
We assist in preparing strategies for pursuing claims or defending against unfounded demands, taking into account market practice and documentation standards. We act swiftly, as in guarantee disputes, time and formal correctness of demands often determine the outcome
Our dispute resolution practice has been recognized in the international Legal 500 ranking, and the firm’s lawyers ranked 1st in the “Litigation and Arbitration” category in the Rzeczpospolita ranking
Selected projects
01
Representation of Six Leading Polish Insurance Companies
Representation of six leading Polish insurance companies in over 500 court proceedings concerning insurance guarantees, with a total dispute value exceeding PLN 200 million, including proceedings involving:
– Securing claims by prohibiting payment under guarantees
– Claims for declaratory judgment that there are no grounds for demanding payment under guarantees
– Claims by guarantee beneficiaries against guarantee issuers for payment
– Third-party intervention by guarantee principals
– Claims for reimbursement of amounts paid by guarantee issuers,
– Claims for reimbursement to guarantee principals—by guarantee beneficiaries—of unjust enrichment in connection with payments under guarantees that had no basis in the underlying agreement
– Restructuring or insolvency proceedings of guarantee principals.
02
Representation of a Leading Polish Bank
Representation of a leading Polish retail bank in a recourse matter in connection with payment under a guarantee, where the guarantee issuer was simultaneously the bank maintaining the beneficiary’s account.
03
Representation of Insurance Companies
Representation of insurance companies in a series of cases before the Supreme Court concerning insurance guarantees, including precedent-setting cases on interest for the period during which payment under guarantees was prohibited and on guarantees for payment of customs duties.