Arbitration and Disputes in IT Law

IT law is currently one of the most dynamically developing areas of business law. It covers not only technological issues, but also contractual liability, copyright in software, data protection, cybersecurity, and compliance of IT projects with applicable regulations.

The development of solutions based on artificial intelligence, business process automation, systems using AI agents, cloud infrastructure, and data centers leads to the emergence of new categories of legal disputes. Increasingly, these concern liability for the operation of algorithms, failures of IT implementations, the quality of technological services, or rights to developed software and AI models.

Effective handling of technology disputes requires a combination of legal expertise and an understanding of the realities of IT projects — their architecture, implementation methodologies, and business conditions. An experienced IT lawyer not only has legal knowledge but also supports clients at the intersection of law, technology, and market practice.

SPECIFICS OF CONTRACTUAL DISPUTES IN IT PROJECTS

Disputes in the technological sector rarely arise solely from technical problems. In practice, they are most often the consequence of:

• imprecise definition of the project scope,
• differing expectations regarding the result of the work,
• incorrect interpretation of contractual provisions,
• changes to the project scope during its execution.

IT contracts operate in an environment of dynamic technological changes; therefore, the formal content of the agreement often does not reflect the actual manner of cooperation between the parties. In IT law practice, the analysis of project documentation, operational communication, and the actual course of project implementation—conducted by a lawyer specializing in IT law—is of key importance.

In IT disputes, we reconstruct the actual cooperation model of the parties and perform its legal qualification, which forms the foundation of an effective litigation strategy. 

COMMON LEGAL PROBLEMS IN IT DISPUTES

In practice, we represent clients in cases concerning, among others:

• functional non-compliance of the system with contractual requirements,
• faulty software implementation or system errors,
• delays in IT project execution and contractual penalties,
• disputes regarding acceptance procedures and acceptance tests,
• settlement of projects conducted in Agile and Time & Material models,
• copyrights to source code, software, and AI models,
• SLA breaches and liability for system downtime,
• security incidents and personal data protection breaches,
• obligations of the parties after the termination of an IT agreement, including the transfer of code and documentation.

SCOPE OF OUR SUPPORT

We provide comprehensive handling of technological disputes—from preventive measures to litigation representation.

We specifically offer:

• developing legal strategies in disputes concerning IT projects,
• representation in litigation and arbitration proceedings,
• conducting settlement negotiations and technological mediation,
• analysis of the contractual liability of parties in IT projects,
• advisory on copyrights to software and AI solutions,
• support in disputes concerning SLAs, IT outsourcing, and cloud services,
• advisory in the area of GDPR and information security,
• analysis of legal risks associated with implementing AI-based systems.

Our goal is not only to resolve the dispute but, above all, to protect the client’s business continuity and to limit legal and operational risks.