Marcin Stępień

Legal counsel with over 17 years of professional experience. For the last nine years he has rendered his services as an in-house lawyer in a general contracting company (of which more than five years as Head of the Legal Department), a Polish capital group, operating in the field of infrastructure and volume construction, real estate, energy and gas.

 

He specialises in handling complex litigation, arbitration (domestic and foreign, including before the ICC) and post-arbitration disputes (e.g. actions to set aside an arbitral verdict), often of an unprecedented nature. He has not only won significant sums of money for his clients, but also successfully protected them from the obligation to pay, e.g. by proving the effectiveness of imposing contractual penalties on the other party. He has an extensive litigation experience in handling cases involving road (including motorway), railway (including those related to track closures or the cost of replacement bus services) and cubature projects (e.g. those involving the construction of a water sports base or hospital, cases against developers). The spectrum of proceedings included, inter alia, issues related to the withdrawals from the contract, claims related to defects in the preparation of the investment and project documentation, valorisation of the contract prices, overhead costs increase, infringement of copyrights in construction projects, etc.

 

His practice also encompasses cases regarding to the disputes over bank and insurance guarantees (including granting injunctions to suspend the performance bond from being cashed), financial settlements between consortium members (e.g. related to working capital), and criminal business law.

 

The litigation practice of Mr. Stępień is however not limited to advisory pertinent to the disputes arising from theexecution of construction investments. He has successfully represented his clients against, inter alia, brokerage houses (disputes related to shareholders’ deprivation of pre-emptive rights), shipyards and other off-shore service providers (e.g. disputes related to the financial settlement of services), retail chains (so-called shelf fee cases) and insurance companies. On numerous occasions he has also represented employers in labour law matters.

 

He is an effective and experienced negotiator – he has successfully conducted negotiations and mediations with both public and private investors, and thus enabling, among other things, to conclude term and financial annexes to the contracts implemented under the public procurement procedure or to amicably resolve disputes between parties involved in the construction process. He has also taken part in negotiations with foreign entities, e.g. potential consortium members and business partners.

 

The scope of advisory services provided by Mr. Stępień additionally encompasses issues of broadly understood real estate law, intellectual property law, personal data protection, ICT security, e-commerce (including business intelligence and robotic process automation).

 

He has a long-term experience in working in an international environment and thus has reached considerable fluency in spoken and written English, including professional legal and construction terminology.

 

He is the author of:

  • practical commentaries on, inter alia, construction law, spatial planning, special road act, water law and environmental law (for Kwantum legal information systems),
  • four entries in the Lexicon of Legal Rhetoric,
  • Articles „Nadużycie prawa do sądu” w: M. Stępień, Nadużycie prawa do sądu – czy sądy są̨ bezsilne względem pieniaczy sadowych? [w:] Europejska konwencja praw człowieka i jej system kontrolny. Perspektywa systemowa i orzecznicza, red. M. Balcerzak, T. Jasudowicz, J. Kapelańska-Pręgowska, Toruń 2011 and „Postępowanie dowodowe w polskiej procedurze karnej i cywilnej a Konwencja o Ochronie Praw Człowieka i Podstawowych Wolności – wybrane zagadnienia praktyczne”, as co-author with M. Skwarcow: Pojęcie, kryteria dopuszczalności i znaczenie dowodów naukowych w polskim i amerykańskim procesie karnym, Przegląd Sądowy 2014/9/102-113,
  • glosses published in the LEX system in the field of copyright and intellectual property law (in cooperation with the Allerhand Institute).

 

Mr. Stępień proved to be an experienced trainer and coach, including in the training of entrepreneurs and start-ups organised by the Gdańska Fundacja Przedsiębiorczości.