IT Dispute Resolution

Solutions

IT projects are complex and long-term, and nearly half involve disputes at some stage of implementation. It is therefore critical to select a mechanism to be used by parties facing a dispute. Failure to do so can lead to escalation and significant risk of losses, both financial (project implementation costs, failure to deliver an assumed business value) and reputational. Properly conducted purchase processes and adequately structured contracts significantly reduce the risk of conflict, while allowing cost and time savings.

In case of a dispute, taking appropriate pre-court and court measures helps significantly reduce losses and can help the process get back on track to the benefit of both parties.

How can we assist you?

We can help avoid or minimize a dispute by:

  • advising on how to avoid increasing overall project costs;
  • analysing and reviewing contracts to ensure they can be rendered ineffective or terminated;
  • safeguarding parties to an IT project against risks such as: third parties facing system failures, starting using incorrect data or ceasing to exist, while reducing the risk of the project not being carried out or being defective;
  • ensuring the autonomy of each IT project phase from a master contract to secure project implementation, despite any dispute over the master contract, or despite the contract being declared void by a court or any other competent authority;
  • safeguarding parties to an IT project contract against liability for hacking attacks or code errors;
  • safeguarding against any liability for project interruption as a result of third-party interference;
  • securing evidence in case of a dispute to avoid evidentiary difficulties in determining the party liable for operating system errors or code errors;
  • managing the collection of confidential evidence concerning software and/or hardware operation, which may be a trade secret, the disclosure of which may have adverse effects for a party to the proceedings;
  • determining the most favourable jurisdiction or applicable law;
  • securing project implementation throughout dispute resolution proceedings;
  • developing exit strategies for all litigation scenarios;
  • handling disputes in the smoothest and most optimal manner for clients.


More information

 

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Contact us:

Łukasz Węgrzyn

Łukasz Węgrzyn

Partner, Head of Technology Practice

+48 795 576 136

l.wegrzyn@kochanski.pl

Agnieszka Chajewska

Agnieszka Chajewska

Advocate, Partner, Head of Media Sector

+48 728 432 414

a.chajewska@kochanski.pl

Piotr Kaniewski

Piotr Kaniewski

Advocate, Senior Associate

+48 503 723 166

p.kaniewski@kochanski.pl