Hubert Wysoczański, PhD

Partner _{Attorney at law}

Hubert heads the infrastructure practice. He also supports the dispute resolution and energy teams. He specialises in advising on civil, commercial and administrative issues, as well as contract negotiations and infrastructure projects. He represents clients in disputes before courts and in national and international arbitration. In particular, he deals with legal issues concerning construction, infrastructure, energy, environmental protection and public procurement.

He is an expert in construction contracts and the FIDIC Contract Conditions. He is a Consulting Engineer – a member of the Association of Consulting Engineers and Surveyors (SIDiR) – the only organisation in Poland which is a member of FIDIC.

He has advised clients on over 100 multi-million dollar infrastructure projects with a combined value of over USD 40 bn. He has extensive experience on projects including motorways, expressways, railways, oil & gas installations, conventional power plants, power lines, offshore and onshore wind farms, photovoltaics, mines, airports and commercial properties.

He also acts as a conciliator in construction disputes. He has been a conciliator in over 15 conciliation committees in disputes concerning sections of Poland’s S-61, S-6, S-19 expressways.

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Education

PhD in Law, Jagiellonian University in Cracow
LLM, University of Melbourne, exchange student
Master’s degree in Law, Jagiellonian University in Cracow
Bucerius Law School in Hamburg, Program in International and Comparative Business Law

Languages

English

Membership

Consulting Engineer – member of the Association of Consulting Engineers and Surveyors (SIDiR), member organisation of FIDIC in Poland

Publications

“The right and the duty to amend the contents of a construction contract in the light of FIDIC conditions”, C.H. Beck 2017
“Construction Contracts. Civil code, Public procurement law, FIDIC, case law”, 2017
“Construction Contracts. New FIDIC conditions”, 2018, published under the auspices of the Association of Consulting Engineers and Surveyors (SIDiR)

Main areas

Infrastructure

Other areas

Energy

Public tenders

Litigation

Selected projects

Comprehensively advising Baltic Power on a project to build Poland’s first 1,200 MW Offshore Wind Farm with an estimated value of PLN 20 bn, including negotiating several contracts, providing advice on regulatory, energy, real estate, environmental and other issues, and developing or reviewing tender documentation and contracts
Comprehensively advising ORLEN POŁUDNIE by preparing tender documentation, contracts and contract negotiations for an installation (which is unique, on a European scale) that produces 2nd generation bioethanol, together with a heat and power plant, a biogas plant, a sewage treatment plant and energy infrastructure of strategic economic importance, based on aid programmes’ guidelines in accordance with the principle of competitiveness. Project value: PLN 1.12 bn
Advising Siemens Energy and representing the client in litigation and mediation with the general contractor in connection with the construction of a turnkey CHP plant – a unit equipped with a turbine set consisting of a bleeder-condensing turbine and a steam boiler
Representing ORLEN in contract negotiations for several high-volume investments in the oil & gas and power sectors
Representing a leading architectural firm which concluded an architectural and design contract with one of Belgium’s largest construction companies for an investment complex in the New Centre of Łódź – a total of 9 buildings with a usable area of 100,000 m². Project value: approx. PLN 2 bn
Providing legal and transactional advice on implementing one of the largest thermal power plants in Poland. Project value: PLN 1.4 bn
Providing comprehensive advice, drafting a number of contracts (TSA, O&M, BoP, CPMA, PDA) and participating in negotiations concerning a wind farm investment. Project value: approx. PLN 200 mln
Advising a multinational energy company on preparing tender documentation, including comprehensive construction contracts, to implement power and heat projects implemented either as public procurement projects or with co-financing from the European Funds

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Advising Poland’s largest mining and energy group on litigation against an insurer, in connection with equipment failures in boreholes
Representing clients in two arbitrations in New York, administered by ICDR/AAA, in connection with disputes with the world’s largest restaurant chain
Representing a leading architectural firm in negotiations with an Austrian construction concern regarding a design and build contract to construct the Józef Piłsudski Museum in Sulejówek
Representing a leading architectural firm in negotiating a multi-million dollar design contract with the largest Polish developer, to construct a residential and commercial complex with parking infrastructure in Warsaw
Representing a global construction company at the pre-trial stage and in arbitration proceedings in connection with a dispute with a consortium member about executing a public contract to construct an expressway in Poland. Contract value: over PLN 294 mln
Advising a global Canadian company on international treaty protection, construction law, environmental protection and investment arbitration in connection with a gold mine project. Project value: approx. USD 1.5 bn
Representing an energy and construction company in negotiating an agreement to acquire shares in another energy company; concluding a guarantee agreement; and representing the client in proceedings before the Energy Regulatory Authority concerning the granting of an energy trading concession
Representing and advising six construction consortia in disputes against the State Treasury – General Director of National Roads and Motorways, concerning the construction of motorways and expressways in Poland
Providing pre-trial advice and drafting a lawsuit in connection with a dispute between the contractor consortium and the General Directorate for National Roads and Motorways. Claim value: over PLN 110 mln
Representing, advising and drafting contractual documents for a Spanish contractor on a project to construct strategic 400kV double-circuit overhead power lines. Contract value: approx. PLN 835 mln