Clifford Chance acted for Abener Energia, a company operating in the renewable energy sector and a subsidiary of Abengoa, in connection with the settlement concluded with Elektrociepłownia Stalowa Wola (ECSW). The settlement, under which ECSW undertook to pay Abener Energia EUR 92.8 million, regulates the settlement of accounts under a contract for the construction of a combined cycle gas and steam unit.
The dispute, which lasted more than six years, concerned claims related to the performance of an EPC turn-key contract, including an extension of the time for the completion of works claims related to additional works, claims related to the rescission of the contract, claims for a return of amounts drawn on the guarantees delivered by the client and counterclaims.
Clifford Chance lawyers acted for the client in several arbitrations, litigations and negotiations. One of the highlights of the dispute was winning in the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, with ECSW being ordered to pay Abener the sum of PLN 333.8 million plus interest.
Under the settlement, the parties have agreed to discontinue all the court and arbitration proceedings pending between them and confirmed they have no claims arising under the contract.
The team acting for Abener Energia in the proceedings was led by Bartosz Krużewski (Partner heading Clifford Chance’s Litigation and Dispute Resolution practice in Continental Europe) and Robert Moj (Counsel). The team was composed of lawyers from the Litigation and Dispute Resolution Department: Monika Diehl (Senior Associate), Małgorzata Górska (Associate), Ewelina Bzducha (Associate), Justyna Błażejczyk-Kuwał (Senior Associate), Karolina Prochoń (Associate), Martyna Darczuk (Associate), Agata Zwolankiewicz (Junior Associate), and Paweł Pogorzelski (Counsel), and Łukasz Piergies (Senior Associate). Paweł Puacz (Counsel) assisted in matters of energy law, and Tomasz Szymura (Counsel) assisted with tax issues.