Łukasz Gembiś

Experience

Łukasz Gembiś, an advocate and Local Partner based in the Warsaw office, leads the Public Procurement Team within the Dispute Resolution Practice. Specializing in commercial dispute proceedings, particularly in infrastructure and real estate, Łukasz plays a pivotal role as the lead counsel in developing strategies for major international and Polish companies. His active involvement includes numerous pre-litigation and litigation/arbitration disputes related to large-scale construction and infrastructure projects.

With expertise spanning over 40 construction projects valued at several billion Polish złoty, Łukasz has provided counsel on diverse endeavors, such as roads (e.g., A2 motorway, S7 expressways), power plants (e.g., Jaworzno), railway lines (e.g., Rail Baltica sections), sewage treatment plants (e.g., in Warsaw, Bochnia), cubic investments (e.g., Music Academy in Bydgoszcz), and industrial projects (e.g., offshore tower factory in Gdańsk). He extends his support to both Polish industry leaders and global construction companies from Germany, Sweden, Turkey, UK and other countries.

In his current role as a legal counsel for Polish and international companies in the construction, transportation, real estate, and medical sectors, Łukasz is actively engaged in over 25 commercial disputes before common and arbitration courts with a cumulative claims value exceeding PLN 550 million, encompass various aspects such as construction contracts, liability in railway accidents, and settlements related to lease agreements, supply contracts, leasing, and more.

Beyond litigation, Łukasz provides invaluable guidance to entrepreneurs in the construction, transport, and IT sectors. His expertise shines during tender proceedings, where he represents companies in proceedings before the National Appeals Chamber, and he plays a crucial role in contract implementation. Furthermore, his practice extends to the defense and representation of auxiliary prosecutors in cases related to economic crimes. Additionally, Łukasz provides advisory services to companies on matters of compliance and risk management.

Łukasz was recognized by Legal 500 EMEA 2023 in the field of Public Procurement Law, Construction and White-Collar Crime.

Memberships

• Advocate - The Warsaw Bar Association
• International Organization for Young Lawyers (AIJA)
• Association of Consulting Engineers and Surveyors (SIDIR)
• Young ICCA

Testimonials

• The Legal 500 2023 – Construction – Recommended lawyer (Tier 2)
• The Legal 500 2023 – Public Procurement – Recommended lawyer (Tier 2)
• The Legal 500 2023 – White-Collar Crime – Recommended lawyer (Tier 3)

Recent Cases

Litigation and Arbitration - Construction Disputes

• Representation of a prominent construction company in Poland in three (3) significant court disputes, collectively valued at over PLN 450 million (approx. EUR 100 million), against the General Directorate of National Roads and Highways. The disputes pertain to the construction of two (2) sections of expressway no. S7 on Yellow and Red FIDIC. The legal issues under contention encompass groundless imposition of contractual penalties, remuneration for additional works, and rebus sic stantibus claims.
• Representation of one the largest construction companies in Poland in an arbitration case against the City of Warsaw before the Court of Arbitration of the Polish Consulting Engineers and Experts Association (SIDiR). The case involved a multimillion-dollar dispute concerning unpaid remuneration for additional works and contractual penalties for delays. These penalties, unduly imposed and deducted from the contractor's compensation, were key points of contention in the dispute.

Litigation and Arbitration - Commercial Disputes

• Representation of a Polish rail carrier in court proceedings against a leading rail infrastructure administrator in Poland, addressing the collision of two trains with a total value of claims exceeding PLN 20 million.
• Representation of a a leading Polish medical devices supplier in a multimillion-dollar court dispute related to the improper performance of an agreement for the delivery of field hospital modules. The dispute stemmed from their use during the prestigious World Youth Day event in Cracow in 2016.

Public Procurement Law

• Advisory and representation to the consortium of RUBAU Polska Sp. z o.o. and Poltores Sp. z o.o. (part of the Spanish Grupo RUBAU) in a crucial case before the National Appeals Chamber. The team offered comprehensive legal guidance throughout the tender process, culminating in the submission of an appeal against the Polish Road Authority's (GDDKiA) decision to reject RUBAU Polska's tender. This high-value public procurement process focused on the construction of a critical section of the S19 Expressway, with an estimated worth of approximately EUR 100 million.
• Ongoing legal advisory services to MAN Truck & Bus Polska Sp. z o.o., a company owned by MAN SE from the Volkswagen Group. The legal support encompasses several critical public procurement law matters related to the tender for electric buses in Poland. As a prominent player in the Polish electric buses market, MAN Truck & Bus Polska relies on strategic legal guidance to navigate complex challenges and secure contracts in this rapidly growing industry.

Construction Advisory

• Advisory to Unibep S.A., one of Poland's largest construction companies, in a prestigious construction project for the Academy of Music campus in Bydgoszcz, valued at approximately PLN 480 million. This notable project involves the construction of a state-of-the-art campus within a 3-hectare plot in the downtown area.
• Advisory to Baltic Towers sp. z o.o., a joint venture between Spain's GRI Renewable Industries and the Polish Industrial Development Agency, in the ambitious construction project of a state-of-the-art offshore wind tower factory in Gdansk, Poland. Our advisory services covered crucial aspects, including the preparation and implementation of procurement processes, as well as the preparation of contracts with general contractors and negotiation of their terms, real estate, and environmental issues, among other considerations.

Criminal Law

• Assisting LSE-Listed company Ocado Group in implementing comprehensive Compliance and Whistleblowing procedures under Polish Law.
• Advisory in internal proceedings and representation of a prominent French TMT company in complex criminal proceedings pertaining to potential fraud of few million zlotys in network projects.