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140/2010 TP S.A. claim in Austria against DPTG for setting aside of Arbitration Tribunal’s award - Orange Polska

Pursuant to art. 56, clause 1, item 1 of the Law of July 29, 2005 on public offering and the conditions for introducing financial instruments to the organised trading system and on public companies (Journal of Laws of 2005, No. 184, item 1539 with amendments), the Management Board of Telekomunikacja Polska S.A. (“TP S.A”) informs about legal actions taken in the case of Telekomunikacja Polska S.A (“TP S.A.”) vs. Danish Polish Telecommunications Group (“DPTG”), as described in the current report 104/2010 dated September 3, 2010 (“Partial Award”).

TP S.A. filed claim in Austrian Court against DPTG, for the setting aside of the Partial Award
in the Arbitration ‘TP S.A. versus DPTG’

On December 2, 2010 Acting in its shareholders’ best interest, TP S.A. filed a claim in the commercial court in Vienna against DPTG for the setting aside of the Partial Award (notified to TP S.A. on September 3, 2010) in the Arbitration TP S.A. versus DPTG before the Arbitral Tribunal composed of Dr Markus Wirth, Chairman, Dr Wolfgang Hahnkamper and Dr Johannes Hock.

In its claim, amongst other items TP S.A. has pointed to numerous procedural faults in the Arbitration Proceeding, including process of composing of the Tribunal Arbiters, excessive extension of the Arbitration Tribunal’s function and violations of the Austrian public policy. In its claim, TP S.A. is requesting that the above-mentioned Partial Award is set aside.

The Partial Award was issued after nine years of arbitration proceedings. During this time, TP S.A. consistently contested both the basis of the claimant’s case and, in particular, its interpretation of the contract, as well as the amount it claimed.

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