Chadbourne has played an instrumental role in many major transactions in Poland. In the 1990s, we were especially active in restructuring and privatization processes, in particular within the automotive, banking, paper and packaging, pharmaceutical, energy, cement, smelting, sugar, alcoholic beverage and telecommunications industries. We work closely with independent affiliate Radzikowski, Szubielska i Wspólnicy sp.k. to provide legal services to numerous international investors pursuing opportunities within or originating from the Polish market. We have built a strong reputation in the areas of mergers and acquisitions, foreign investment, restructuring and privatization, corporate, energy, tax, banking and finance, dispute resolution and real estate law.
Our lawyers have represented numerous major local enterprises, multinational corporations, international financial institutions and other foreign investors as well as Polish ministries and state institutions. Our aim is to step beyond commonly used frameworks and offer our clients innovative solutions ensuring legal and tax effectiveness and security as well as accomplishment of their strategic business goals.
Chadbourne Advises on Wind Power Project Financing
Chadbourne advised EDP Renewables Polska, Polish arm of EDP Renováveis, on a long-term debt financing of up to PLN 301 million (€68 million) extended by EBRD to finance the construction and operation of a 120 MW greenfield Pawlowo wind farm in northwest Poland. The project is being developed in two phases: Phase I of 79.5 MW located in the municipality of Gołańcz to be completed in 2013 and Phase II of 40.5 MW located in the municipality of Budzyń to become operational in 2015. The project will assist Poland in increasing its renewable energy capacity to meet the EU green energy quotas.
Chadbourne Advises on the Acquisition of WZF Polfa S.A.
Chadbourne advised Z.F. Polpharma S.A., the largest pharmaceutical producer in Poland, on the acquisition of WZF Polfa S.A., one of the biggest pharmaceutical companies in Poland and the largest privatized company included in the Polish Pharmaceutical Holding.
Agreement on Shale Gas Exploration and Extraction in Poland
Chadbourne advised Polskie Górnictwo Naftowe i Gazownictwo S.A. (PGNiG), the largest Polish gas producer and supplier, on its framework agreement with a leading copper and silver mining company KGHM Polska Miedź S.A. and three major energy companies: PGE Polish Energy Group S.A., TAURON Polska Energia S.A. and ENEA S.A.
Purchase of a Heat and Power Plant by Mondi Świecie S.A.
Chadbourne advised Mondi Świecie S.A., a leading pulp and paper production company in Poland and in the region, in an arbitration proceeding and negotiations of a settlement agreement with Polish Energy Partners S.A. concerning a purchase of a heat and power plant by Mondi Świecie S.A.
Dispute with a Grid Operator
Chadbourne won a precedent-setting case before the Polish Supreme Court on behalf of Park Wiatrowy Tychowo Sp. z o.o. against the distribution system operator ENEA Operator Sp. z .o.o. The Supreme Court ruled that Park Wiatrowy Tychowo, a company controlled by RWE Innogy GmbH, is not obligated under the Energy Law to cover ENEA Operator's costs for necessary grid extension and upgrades relating to a 35 MW wind farm project being developed by Park Wiatrowy Tychowo in northwest Poland. The Court's ruling stated that the wind farm owners should only reimburse the costs of technical facilities linking the wind farm site to the existing electricity grid.
It was the first case regarding interconnection to the electricity grid brought before the Polish Supreme Court. The critical judgment sets a precedent and was widely awaited by the entire wind power community in Poland.
Chadbourne Represented Danish investor TDC A/S in an Acquisition and Sale of Shares
Chadbourne represented a Danish investor TDC A/S in the process of acquisition and subsequently in the sale of their stake of shares in Polkomtel, one of three major mobile operators in Poland, of total value at sale exceeding €860 million, after a successfully resolved international trade related dispute brought before the Vienna International Arbitral Court (VIAC) by Vodafone Americas Inc. in which TDC was also represented by Chadbourne.