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Infrastructure & Projects

Poland

As a sponsor, lender or public sector organisation, you require legal advisors who can help you succeed in complex infrastructure and project financing transactions. Whether you are involved in public works programmes or private sector financing in the areas of transport, health, education, waste, energy, defence, IT/telecoms, leisure, custodial & justice, ports, rail, roads or water, you can depend on the leading lawyers in major infrastructure projects and related project financing throughout the world.

In Central and Eastern Europe, CMS has valuable experience of the successful procurement and implementation of infrastructure projects, including providing key advice on procurement, project documents and financing strategy.

We have delivered deals in a range of sectors with a combined value of many billions of euros, advising on public private partnerships, energy and renewables projects, including the largest offshore wind farms in Europe, infrastructure and utilities investments and a range of other development and corporate finance transactions. If you are an investor selling or buying an interest in a concession, a utility business or a PPP deal, you need expert guidance through the complex bidding process. Our lawyers have helped shape transactions across these sectors, ensuring quick deal completions on terms that optimise your returns.

If you are facing a potential dispute, we have the experts to support you through dispute resolution procedures or litigation action. Whatever your situation, we have the track record and the people to help. With over 200 lawyers working in this sector, we can support your transaction in virtually any part of the world including the UK, Central and Eastern Europe, Western Europe, the Middle East, Turkey, India, Africa, Asia and the Americas.

Our dedicated Polish infrastructure team has the breadth and depth of resources to take on any project, whatever its size or complexity. We are equally experienced in acting for public authorities, sponsors and lenders, and we have a keen appreciation of their respective requirements. The group is integrated with the UK team to provide a seamless and comprehensive service in relation to both Polish and other issues. 

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Each member of the team understood our needs, which translated into effective collaboration.

Chambers

"The advice was always to the point, there was no need to explain our needs, so it was very efficient."

Chambers

"Clients highlight that practice head, Marcin Bejm "provides out-of-the-box thinking, understands what we are trying to achieve commercially and is a pleasure to work with."

Chambers
High­lights of our ex­per­i­ence in In­fra­struc­ture & Pro­jects in Po­land
In­ter­na­tion­al con­sor­ti­um Gdańsk Trans­port Com­pany S.A. as a con­ces­sion­aire on the con­struc­tion and op­er­a­tion of the A1 Mo­tor­way, Gdańsk – Tor­uń sec­tion, on both phases of this pro­ject, based on the PPP for­mula. Our leg­al ser­vices in­cluded draft­ing and ne­go­ti­at­ing the con­ces­sion agree­ment as well as EPC and O&M con­tracts in re­la­tion to two phases of the in­vest­ment (total length 152 km, total value EUR 1.6 bil­lion).Please down­load the print ver­sion be­low.

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20 April 2020
CEE Green­field Guide
This guide to in­vest­ment in the Cent­ral and East­ern European (“CEE”) re­gion is in­ten­ded to help po­ten­tial in­vestors un­der­stand what in­cent­ives are avail­able when in­vest­ing in the lead­ing coun­tries in CEE. It also sets out in­form­a­tion about the pro­cess for
21 May 2020
CMS Ex­pert Guide to Autonom­ous Vehicles
This CMS Ex­pert Guide brings to­geth­er ana­lys­is from leg­al ex­perts across our in­ter­na­tion­al net­work on the leg­al re­quire­ments that must be ob­served for test­ing and us­ing AVs at dif­fer­ent levels of auto­ma­tion.
07 May 2020
GRESB 2020 – It’s Ques­tion Time!
GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...
23 January 2020
CMS ap­points new head of En­ergy and Pro­jects De­part­ment
As of 1 Janu­ary, Mar­cin Be­jm be­came the head of the En­ergy and Pro­jects De­part­ment at CMS adding this new role to the role of the head of the In­fra­struc­ture and Pro­ject Fin­ance Prac­tice. Mar­cin Be­jm takes over a team of 25 law­yers, which is the leg­al adv
07 May 2020
The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
23 December 2019
CMS ad­vised PFR in the ac­quis­i­tion of shares in a wa­ter sup­ply com­pany...
CMS ad­vised in a trans­ac­tion in­volving the ac­quis­i­tion of shares in Tar­nobrzeskie Wodo­ciągi sp. z o.o. by the Loc­al Gov­ern­ment In­vest­ment Fund, op­er­at­ing un­der the aus­pices of the Pol­ish De­vel­op­ment Fund from Tar­nobrzeg. Read more here.
28 April 2020
In­dir­ect and con­sequen­tial loss ex­clu­sions: Eng­lish law holds the line...
A Tech­no­logy and Con­struc­tion Court de­cision last week has con­sidered a dir­ect at­tack on the tra­di­tion­ally nar­row in­ter­pret­a­tion giv­en by the Eng­lish courts to in­dir­ect and con­sequen­tial loss ex­clu­sion...
6 December 2019
CMS ad­vises PFR on pur­chase of shares in a wa­ter sup­ply com­pany in Opole
CMS ad­vises PFR on pur­chase of shares in a wa­ter sup­ply com­pany in Opole. Find out more.
30 March 2020
EU Com­mis­sion calls for closer scru­tiny of for­eign dir­ect in­vest­ment
Non-EU in­vestors may be con­fron­ted with more ri­gid clear­ance pro­cesses when at­tempt­ing to ac­quire EU com­pan­ies as a res­ult of an un­pre­ced­en­ted call for ac­tion by the European Com­mis­sion. In a policy pa­per...
October 2019
Get­ting the Deal Through: Rail Trans­port 2020
Mar­cin Be­jm, part­ner, head of the in­fra­struc­ture team and Mikołaj Markiewicz, seni­or as­so­ci­ate in the in­fra­struc­ture team, have for the second time au­thored the Pol­ish chapter of the newly pub­lished Get­ting the Deal Through – Rail Trans­port 2020 edi­tion.
27 November 2019
In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over an­cil­lary...
A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
13 August 2019
CMS Ad­vises War­bud S.A. on a PPP Pro­ject Car­ried Out in the Edu­ca­tion Sec­tor
CMS ad­vised War­bud S.A. – one of the largest con­struc­tion com­pan­ies in con­nec­tion with an in­vest­ment pro­ject con­cern­ing the re­con­struc­tion and ex­pan­sion of a Sec­ond­ary School in Pi­astów, car­ried out in the pub­lic-private part­ner­ship for­mula. Read more her