Monika LeszkoSenior Associate
Monika Leszko represents clients from the energy, real estate, infrastructure, and construction sectors in arbitration and common court disputes, as well as in mediation (both in court and out of court).
Monika has considerable experience in the disputes in the energy sector, including representing the client before courts with regard to the precedential claims regarding the PPAs and CPAs and related to energy price regulation. She also specialises in litigation relating to the production and trading of energy and certificates of origin, renewable energy installations and the energy regulation, including energy market regulation.
She has also advised energy and real estate clients in transactional and corporate litigation, such as post-transactional disputes related to preliminary share purchase agreements, share purchase agreements, and shareholders' agreements.
She advises on disputes related to extraordinary and fundamental changes in the law (the rebus sic stantibus clause), in particular in energy law, and in disputes related to the claims of contractual parties aimed at restoring contract balance and the equivalence of performance.
In addition, she advises on contractual liability, in particular in relation to claims arising in the course of investment projects carried out under FIDIC contracts.
Monika has coordinated the Polish-side of a number of multinational disputes before federal and appeal courts in New York and Washington D.C.
- Representing the energy companies in the precedent court disputes against the Polish State Treasury for compensation for multi-million dollar damage incurred as a result the regulation regarding the electricity price freeze in 2019. This advisory was comprehensive and involved defining the strategy based on the compliance with Polish and EU law, dealing with Polish and UE entities, as well as a litigation strategy aimed at successfully pursuing precedent-setting claims for the energy market.
- Representing a number of companies from a leading Polish energy group in several disputes with other Polish energy companies on the invalidation and termination of long-term purchase contracts for so-called green certificates (CPAs). The disputes concern claims related to the termination of the CPAs, issues related to the enforcement of the adaptive clause (the contractual rebus sic stantibus clause), and claims to confirm the invalidation of the CPAs in connection with the alleged infringement of the tender procedure described in the Public Procurement Law.
- Representing a portfolio company of a private equity fund dealing with renewable energy projects in a court dispute with a leading Polish energy company. The case involved enforcing the conclusion of a final share purchase agreement for the sale of a SPV developing a wind farm project. The parties were in dispute about the conditions of the agreement and the verification of the project's viability, as well the extraordinary and fundamental changes in the energy law concerning wind farms (the rebus sic stantibus clause).
- Advising a Polish television broadcaster in several multinational disputes before federal and appeal courts in New York and Washington D.C. concerning an exclusive licence to broadcast Polish language programmes and channels in the U.S, and alleged copyright infringements. The copyright dispute was also significant for the copyright owners in the U.S., which coalition filed an amicus brief in favour of one of the parties. Also, a second amicus brief was filed by the US Government, acting for the U.S. Copyright Office, in favour of the party’s position.
- Representing an investor in dispute with a company from a major international manufacturing group before the Court of Arbitration at the Polish Chamber of Commerce. The dispute related to the parties' post-transaction settlements on the basis of a shareholders' agreement made in the transaction of selling 100% of the shares in the company. Arbitration proceedings were very complex, involved party- and tribunal-appointed experts. The arbitration tribunal found almost in 100% in our favour, as it was successfully convinced in the course of the arbitration proceedings that the post-transactional calculation, prepared by the reputable company at the defendant's request, did not meet the provisions of the parties agreement, which was a crucial basis for the client's claim.
- Representing the seller of 100% of the shares in a major Polish food distributor in a number of court disputes with the buyer, a major Polish food manufacturer and distributor, relating to the withdrawal from the share purchase agreement. The advice included the preparation and implementation of a comprehensive process strategy covering a number of legal issues: the validity and effectiveness of a price reduction in connection with the seller's warranties, the validity and effectiveness of the withdrawal, the ability to secure the claim, and the existence of a legal interest in an action to establish the claim.
- Providing an infrastructure company with comprehensive legal advice in civil, construction and public procurement law related to the performance of an investment carried out on the basis of FIDIC contract conditions.