알스톰, 폴란드 고속열차 납기 지연으로 4,400만불 보상 DZP Obtains Record Compensation Award for PKP Intercity from Supplier of Pendolino Trains

DZP Obtains Record Compensation Award for PKP Intercity from Supplier of Pendolino Trains

source TransportXtra

  폴란드 PKP Intercity 철도청은 펜돌리노(Pendolino) 고속열차 인도 지연으로 프랑스 

알스톰으로부터 4,230만EUR(4,400만불)를 보상받았다.

열차 공급사인 Alstom은 지난 2014년 5월 첫 편성 인도 때부터 지연을 빚은 바 있으며

이번에 발생한 보상 액수는 폴란드 중재 절차 역사상 최고금액으로 평가되고 있다.

황기철 콘페이퍼 에디터

Ki Chul Hwang, conpaper editor

DAVID STUCKEY  15 DECEMBER 2016

Domanski Zakrzewski Palinka successfully represented PKP Intercity in an arbitration before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw related to a dispute over payment of a contractual penalty by Alstom for a delay in the supply of Pendolino trains. The arbitral tribunal awarded PKP Intercity EUR 42.3 million with interest, allowing the greater part of its action. According to DZP, "this is one of the largest amounts awarded to a claimant in the history of Polish arbitration."

The arbitral tribunal also dismissed the greater part of the supplier’s counterclaim (allowing only about 0.5% of its claim).

According to DZP, "the dispute focused on the principles of liability of the defendant supplier of the rolling stock and reasons for the delay," and "in order to handle the case, not only a thorough knowledge of law but also familiarity with the organization of the railway market and technical aspects of the supply of trains were required."

The DZP team was led by Partner Aleksandra Auleytner, the Head of DZP's IP&TM Practice, who specializes in advising on rail transport and other matters, and Partner Jozef Palinka, the firm's Head of Dispute Resolution Practice. The team also included Partner Paweł Lewandowski, Senior Associate Maciej Orkusz, and Associate Anna Ciepla from the Dispute Resolution Practice; Partner Tomasz Darowski, Senior Associate Krzysztof Fliszkiewicz, and Associate Michal Przychoda from the Infrastructure and Energy Practice, and Counsel Tadeusz Piatek from the IP&TMT Practice.

http://ceelegalmatters.com/index.php/deals-and-cases/5471-dzp-obtains-record-compensation-award-for-pkp-intercity-from-supplier-of-pendolino-trains

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