The dispute arose out of delays in the supply of military components to the Ukrainian customer by the Polish side.
Due to the complex wording of the contractual clauses, the supplier tried to cease deliveries, abusing provisions of the contract.
Lamwell lawyers developed and implemented a legal mechanism for terminating the contract in the part pertaining to further deliveries, recovering penalties and obliging the Polish counterparty to deliver components in accordance with the advance payment made.
As a result of exchanges of written submissions between the parties in the course of over six months and oral hearings held in Warsaw, the arbitration court has rendered a decision on full satisfaction of the claim. A large number of witnesses were cross-examined within the scope of this case. Local lawyers were not involved. The decision is currently being enforced.
It is important to note that in this case our lawyers, with the support of Polish colleagues, obtained interim measures in the Polish national court, namely – the seizure of components that had been manufactured but not delivered according to contract, and such seizure was enforced. Thus, there is no doubt as to the execution of the final award of the Court of Arbitration at the Polish Chamber of Commerce.
