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Joanna Zbyszyńska

Associate, Warsaw

Joanna is a litigation lawyer specializing in comprehensive legal advice on infrastructure investments (including the energy sector) and commercial litigation including white collar crimes.
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Experience

Joanna specialises in providing comprehensive legal advice on infrastructure investments to Polish and foreign entrepreneurs. 

She has advised both the private and public sector on the preparation, negotiation and settlement of contracts. She supports clients at every stage of project implementation, including ongoing contractual advice.

She has extensive experience in litigation and arbitration, both domestic and international in disputes conducted under various arbitration rules, including the SAKIG, ICC and CAS rules.

She has been involved in advising on key issues for energy sector projects. Her experience includes comprehensive construction law advice and energy law support. 

She is the author of industry publications, including co-authoring the monograph "Liability for defects in construction contracts" Wolters Kluwer 2022.

Memberships

  • Member of the Warsaw Bar Association

Awards

  • 2nd award - Lewiatan Arbitration Competition, 2022 
  • 1st award for statement of defence, honorable mention for the best speaker - Advocate Tadeusz Szurski Arbitration Competition, 2023

Recent Cases

  • Dispute concerning an increase in the contractor's remuneration under the expressway construction contract on the basis of the rebus sic stantibus clause (Articles 357[1] and 632 of the Civil Code)
  • Dispute concerning contractual penalties imposed on the contractor for failure to achieve the guaranteed parameters of the thermal waste treatment installation
  • Comprehensive legal advice relating to a project involving a thermal waste treatment facility with energy recovery used to provide heat to a district heating network
  • Legal advice in relation to the preparation of a general contract for the technological modernisation of a pumped storage power plant
  • Legal advice during the execution of a contract for the construction of a new power unit in a coal-fired power plant

Articles

  • Liability for defects in construction contracts, Wolters Kluwer 2022
  • Mitigation of contractual penalty for delay in performance of warranty or guarantee obligations, Construction Law Quarterly, January 2021