KPMG Law provides legal advice in every area of law relevant to businesses operating in Poland, so the Dispute Resolution Team is represented by lawyers specialising not only in the type of dispute in question, but also in the area of law related to the dispute. We support our clients in resolving disputes at the pre-litigation stage as well, in order to minimise legal risks and associated costs.
What is dispute resolution and why is it so important?
Although painful and undesirable, a dispute can arise in any type of business. When it does occur, it is crucial to take all necessary measures to mitigate its extent, as well as its potentially negative effects.
Dispute resolution encompasses a wide range of activities - from negotiation and mediation to arbitration and litigation.
We recognise how important it is for our clients to respond quickly and effectively to risks and conflicts that arise in light of the increasing complexity of business relationships and international transactions.
We offer advice on the resolution of disputes (civil, commercial, administrative and criminal) before common courts of all instances and the Supreme Court, administrative courts and the Supreme Administrative Court, arbitration courts, as well as before public administration bodies and law enforcement agencies.
Legal challenges for companies when a dispute arises
Running any business inevitably involves more or less risk. Nowadays, there is an exponential increase in the number of regulations and the threatened legal consequences in the event of non-compliance can have a varying impact on the business and require objective professional assessment. Please visit the Compliance, White Collar Crime and Internal Investigations Practice page, where KPMG Law's support in the area of compliance is detailed.
Business also involves the risk of disputes. We understand that, despite companies' best intentions, business relationships can break down, leading to misunderstandings and damage. As a result of conflicting interests or the inability of two parties to come to an agreement, a dispute may arise that cannot always be settled amicably.
Legal advice on dispute resolution - benefits for companies
In the area of dispute resolution, we comprehensively manage:
We are aware that settling a dispute through the courts can lead to an escalation of the conflict, so litigation is not always the best solution.
A dispute can be resolved in a number of other ways at the pre-court stage, e.g. by negotiation and, when the parties cannot reach an agreement themselves, by mediation. We support our clients in resolving disputes at the pre-court stage to minimise legal risks and associated costs.
We offer comprehensive advice - including alternative dispute resolution methods. However, once a dispute goes to court, our priority is to take all necessary measures to limit the scope of the dispute and minimise the potential negative consequences.
The Dispute Resolution Team has the knowledge and experience to help our clients achieve this goal. KPMG Law is made up of a team of advocates and attorneys-at-law with extensive experience in resolving disputes of both national and international scope in almost all branches of law and types of proceedings.
KPMG Law's support in the area of dispute resolution
1. Judicial proceedings and arbitration
The Dispute Resolution Team offers litigation and arbitration support in various sectors, namely:
2. Cases in the area of business criminal law and fiscal criminal law (White Collar Crime)
Investigations related to business crimes (for example those involving allegations of bribery and corruption, fraud or money laundering) can pose serious financial and reputational risks to a company.
We advise and represent corporate and individual clients, both as aggrieved parties/ auxiliary prosecutors, as well as suspects/ defendants, in criminal proceedings before law enforcement agencies and courts. We also advise and represent clients in fiscal criminal proceedings.
KPMG Law's support includes:
- risk analysis and assessment - legal advice to companies, board members and supervisory boards on risk assessment and prevention of business crime;
- internal regulations and training for crisis situations (dawn raids), such as searches, detentions, seizures of items, control activities;
- professional support in crisis situations (dawn raids), such as searches, detentions, seizures of items, control activities;
- representation of aggrieved parties and auxiliary prosecutors in pre-trial proceedings and before courts of first and second instance and the Supreme Court;
- defense of suspects and defendants in pre-trial proceedings and before courts of first and second instance and the Supreme Court;
- defense of companies in cases of joint and several liability in fiscal criminal proceedings;
- claiming damages and compensation in criminal proceedings;
- recovery in criminal proceedings of property lost as a result of a criminal offence.
3. Cases concerning the liability of collective entities
Proceedings against a collective entity for acts prohibited under penalty as criminal offences or fiscal offences carry the risk of loss of reputation, customers, orders and high financial penalties of up to PLN 5 million, as well as the risk of a ban on promoting or advertising the business conducted, products manufactured or sold, services or benefits provided. It may also mean a ban on receiving grants, subsidies or other forms of financial support from public funds, a ban on receiving assistance from international organisations of which Poland is a member and a ban on competing for public contracts.
KPMG Law's support includes:
- risk analysis and assessment - legal advice to companies, board members and supervisory boards on risk assessment and prevention of business crime;
- internal regulations and training for the protection of company assets and crime prevention;
- securing forfeited property in criminal proceedings;
- representation in pre-trial proceedings and before courts of first and second instance and the Supreme Court;
- recovery in criminal proceedings of property lost as a result of a criminal offence.
About us
KPMG Law’s Dispute Resolution Team, which includes former prosecutors and experienced professional advocates and attorneys-at-law, has represented clients in thousands of civil and criminal trials, including some of the largest commercial cases in Poland. Members of the Team have extensive experience in advising on the strategic decisions and practical steps involved in the most difficult proceedings, including dealing with law enforcement agencies and ensuring that the organisation is protected from future risks.
Contact us
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Our experts
PhD Arkadiusz Matusiak
Partner Associate, Advocate, KPMG Law, Head of Dispute Resolution, Compliance and White Collar Crime
KPMG in Poland
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