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Piotr Stenko

Piotr Stenko

Senior Associate

CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages Polish, English, German

Piotr Stenko is a legal advisor and a senior associate in the Real Estate and Construction Department at CMS. Piotr has over ten years’ experience in advising on infrastructure with a particular emphasis on litigation and arbitration involving infrastructural investments, as well as advice on insolvency and cross-border disputes. 

Piotr represents general contractors in litigation and arbitration involving execution of road (motorways, national and Voivodship roads, among others based on the FIDIC conditions), energy, rail and marine investments. He also advises general contractors in relation to execution of contracts for significant infrastructural investments in the road, energy, rail (rail and tramway sector, including deliveries of rail cars), chemical and water sectors (marine and inland water investments).

With regard to bankruptcy- and insolvency-related advisory work, Piotr represented and advised creditors (banks and commercial creditors) in a range of bankruptcy proceedings, e.g. in connection with enforcement of credit facility claims, in particular resulting from syndicated loans, as well as in insolvency-related litigation (concerning, among others, avoidance actions). He regularly advises in connection with bankruptcy and restructuring, including in relation to bankruptcy-associated securing of transactions and issues of bankruptcy or restructuring, particularly in the construction and real estate sectors.

He is the author of a range of academic publications on civil proceedings, bankruptcy law and arbitration.

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Relevant experience

  • A consortium of contractors in a series of disputes with the Client concerning settlement of an EPC-Contract for the construction of major installations in one of the Power Plants located in south west Poland regarding claims involving liquidated damages for untimely performance of the contract, claims related to defects in delivered documentation and improper co-operation by the Client, as well as settlement of additional and substitute works carried out by the Contractor.
  • A general contractor, one of the leading construction companies, in relation to a multi-million dispute concerning the investor’s claims for liquidated damages against consortium members related to repairs under statutory warranty in connection with the construction of an expressway [FIDIC Yellow Book].
  • Advice for a contractor and consortium members in negotiating the EPC contract with the Client, as well as negotiating consortium contracts regarding execution of a construction project referred to by the professional press as Europe’s “biggest and most advanced project facility” in the chemical sector.
  • A consortium leader, a renowned Austrian railway company, in connection with a technically demanding railway project (one of the largest railway tenders on the Polish market), e.g. in relation to the performance of several hundred millions PLN worth of additional works unforeseen in the tender documentation [FIDIC Yellow Book].
  •  A general contractor in relation to a dispute against the GDDKiA regarding abuse of the insurance guarantee by the client in connection with construction of the A-4 motorway [FIDIC Red Book].
  • A general contractor, a leading Polish construction company in relation to a dispute against the client, a large Polish city, concerning an abuse of the insurance guarantee by the client.
  •  A general contractor, a leading company from the road and marine infrastructure sector, on a dispute against the city of Szczecin concerning payment of remuneration, effectiveness of set-offs of delay related liquidated damages, claims relating to the performance of additional and substitute works, as well as settlement of costs of general construction and management costs (construction overheads) in connection with execution of a project concerning construction of a major tramway line.
  • A leading Polish general contractor from the marine sector in connection with claims related to performance of a contract for modernisation of the Świnoujście-Szczecin fairway related to, amongst others, acceleration costs, costs of dredging works and demining works.
  •  A general contractor, a leading construction company, in relation to a multi-million dispute concerning, among other things, claims for damages in connection with the construction of the S-3 highway [FIDIC Red Book].
  • A consortium member in relation to an intra-consortium dispute regarding allocation of payments obtained from the Client following the effective dissolution of the consortium as a result of the bankruptcy of one of its members.
  • A consortium of banks, in connection with the borrower’s bankruptcy proceedings and related litigations in connection with the enforcement of receivables under a syndicated project-finance loan, specifically with regard to the enforcement of the established security interests.
  • The facility agent under a syndicated loan in connection with the enforcement of receivables resulting from a facility agreement in a series of bankruptcy proceedings and related litigations against a group of borrowers from the manufacturing industry, specifically in connection with the enforcement of security interests.
  • A lender under a syndicated loan in connection with potential bankruptcy proceedings of the borrower, one of the major Polish heavy industry players and its co-debtors in connection to  the performance of the debtor’s obligations under the finance documents, as well as on issues relating to the established security interests.
  • A major Polish Bank in relation to a litigation concerning fraudulent conveyances done to the detriment of creditors by the bank's borrower (actio pauliana) and in bankruptcy-related proceedings.
  • An international music publisher on bankruptcy issues and representing in bankruptcy proceedings in connection with the acquisition of intellectual property rights within the bankruptcy of a major record label in a transaction which was named “the most important intellectual property deal in Poland in 2015”.
  • Several trade creditors in connection with litigations concerning fraudulent conveyances to the detriment of creditors (actio pauliana) against their business partners.
  • A number of suppliers from the automotive sector in relation to claims resulting from contracts for the manufacture and provision of tools in the context of restructuring and bankruptcy proceedings concerning their suppliers.
  • Providing bankruptcy and pre-bankruptcy advice to a major manufacturer of cryogenic products (e.g. liquid fuel tanks, etc.) in bankruptcy proceedings of a Polish client as regards the recovery of both secured and unsecured receivables.
  • Companies from the forestry sector in relation to a series of proceedings concerning the bankruptcy of Polish business partners with regard to recovery of unsecured receivables.
     
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Education

  • 2009 - M.A., University of Warsaw, Warsaw.
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Memberships

  • District Chamber of Legal Advisors in Warsaw.
  • Association of Restructuring Practitioners (Stowarzyszenie Praktyków Restrukturyzacji).
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