On 13 November 2020, a new power unit, with a nominal capacity of 910 MW, became operational in Jaworzno. This unit is the most modern unit of its type in Poland and one of the most efficient in Europe. On the same day, the parties to the project – Nowe Jaworzno Grupa TAURON sp. z o.o. and the Contractor – entered into a settlement which regulated their mutual settlements related to the unit’s construction, as well as an annex to the Contract which will implement its terms. The settlement is the result of mediation proceedings before the Court of Arbitration at the Office of the General Counsel to the Republic of Poland.
WKB supported Nowe Jaworzno Grupa TAURON sp. z o.o. during the unit’s construction, providing comprehensive legal advice on matters related to infrastructure, public procurement, restructuring, energy law, environmental protection, intellectual property and dispute resolution. Our lawyers were especially involved in those issues concerning the preparation and negotiation of subsequent annexes to the Contract, drafting a number of memoranda and legal opinions, providing ongoing advice to the Contracting Party during the preparations for the unit’s take-over, and representing the Contracting Party in mediation proceedings before the Court of Arbitration at the Office of the General Counsel to the Republic of Poland. The complexity of the mediation process was impacted by the initiation of simplified restructuring proceedings in respect of one of members of the Contractor’s consortium, which required the development of legal solutions ensuring that the proceeding’s participants were secured to the greatest extent possible.
WKB’s work on this project was supervised by Marta Midloch– partner and co-head of the infrastructure projects practice – while the team consisted of: Jan Roliński (partner, head of the public procurement practice), dr hab. Andrzej Wierciński (senior partner, co-head of the restructuring and insolvency practice), Rafał Woźniak (senior associate in the infrastructure projects practice), Michał Mielnik (senior associate in the public procurement practice), Natalia Kabacińska (senior associate in the dispute resolution practice) and Paulina Maślak-Stępnikowska (senior associate in the IP&TMT practice).