Selected experience as a member of Arbitral Tribunal

To this date Beata Gessel has participated, as an arbitrator, counsel and expert, in more than 100 both domestic and international, arbitration cases [conducted according to rules including those of the ICC, UNCITRAL, IAA, FCC, SCAI, Lewiatan, Polish National Chamber of Commerce (PCC) and the National Depository for Securities (KDPW)]. Majority of the arbitral proceeding she has been involved in concerned, however was not limited to, M&A transactions and construction law (including FIDIC regulations).

Below schedule presents examples of her appointments as an arbitrator:

 

Construction cases

  • International construction consortium vs. Polish company operating in energy sector
    Co-arbitrator, ICC Court, engineering and construction agreement.
  • International construction consortium vs.  Romanian company operating in energy sector
    Co-arbitrator, ICC Court, FIDIC contract.
  • International consortium, leader in development and management of infrastructure, renewable energy, water and services vs. Polish company un energy sector
    Co-arbitrator, PCC, construction agreement.
  • German investment fund vs. Real estate developer
    Chairwoman, Ad hoc, Performance of sale agreement, defects of the building.
  • Leading European onshore drilling contractors vs. Investor in geothermal energy sector
    Chairwoman, ICC Court, drilling project.
  • Polish supplier of cranes and lifting platforms vs. Polish company trading in HVACR engineering and contracting sector
    Chairwoman, Lewiatan Court of Arbitration, construction agreement.
  • Publicly listed Polish construction company vs. Polish state entity
    Co-arbitrator, PCC, FIDIC contract, road construction.
  • International developer, constructor and operator of wind farms vs. Polish electricity producer and supplier
    Chairwomen, PCC, contractual penalties.
  • International construction consortium vs. Polish State entity
    Chairwoman, Ad hoc arbitration, FIDIC contract, motorway construction agreement.
  • Polish construction company vs. Polish building contractor
    Sole arbitrator, PCC, construction works.
  • Polish engineering and consulting service provider to the energy and industrial sector vs. General contractor in energy projects
    Chairwoman, PCC, design works in relation to power plant.
  • Polish state entity vs. German subsidiary of the European construction company specializing in civil engineering and international tunneling markets
    Co-arbitrator, PCC, construction of brakewater.
  • Polish building contractor vs. Polish largest construction company
    Chairwoman, Lewiatan Court of Arbitration, construction of real estate housing complex.
  • Polish publicly listed construction company vs. Polish State entity
    Expert, ICC International Centre for ADR, interpretation of the agreement for the construction and operation of the motorway.

 

M&A Cases

  • Dutch real estate fund vs. Luxembourg holding company
    Co-arbitrator, PCC, share purchase agreement.
  • Spanish construction company vs. Polish private individual
    Co-arbitrator, ICC Court, investment agreement, breach of warranties.
  • Cypriot investor vs. Hungarian company operating in energy sector
    Chairwoman, ICC Court, Shareholder agreement, under Hungarian law.
  • Group of Polish investment funds and insurance companies vs. International manufacturer in rubbery sector
    Co-arbitrator, ICC Court, shareholders dispute based on Memorandum of Understanding.
  • Investor – Polish subsidiary of American corporation vs. Polish State entity
    Co-arbitrator, Ad hoc arbitration, BIT.
  • Polish subsidiary of English investment fund vs. Biogas producer
    Co-arbitrator, Ad hoc, UNCITRAL, preliminary share sale agreement.
  • Polish motorway constructor vs. Polish state entity 
    Co-arbitrator, PCC, prayer for specific injunction, share purchase agreement.

Other

  • National Depository for Securities vs. Distributor of FMCG products
    Sole Arbitrator, KDPW.
  • National Depository for Securities vs. International wholesale clothing distributor
    Co-arbitrator, KDPW.
  • Polish insurance broker vs. Polish insurance broker
    Sole Arbitrator, Ad hoc arbitration, overpaid commission fees.
  • Polish manufacturer and supplier vs. Polish retail chain
    Chairwoman, Lewiatan Court of Arbitration, slotting fees/unfair competition.
  • Polish subsidiary of international provider of IT solutions and services vs. Polish IT solution integrator
    Co-arbitrator, PCC, core-banking system implementation.
  • Polish metal company vs. Hungarian manufacturer of water and drain construction products
    Co-arbitrator, PCC, contract of sale.
  • Polish metal company vs. Slovak wholesale trading company
    Co-arbitrator, PCC, contract of sale.
  • Polish investment banking boutique vs. Polish subsidiary of French retail chain
    Co-arbitrator, Ad hoc, real estate purchase agreement.
  • Polish record company vs. Mobile network operator
    Co-arbitrator, PCC, music performance & entertainment contract.
  • Polish pharmaceutical company vs. Czech pharmaceutical company
    Co-arbitrator, PCC, exclusive distribution agreement.
  • Finish forwarding company vs. Polish forwarding company
    Co-arbitrator, PCC, agency agreement.
  • Polish subsidiary of American pharmaceutical company vs. Polish health clinic
    Chairwoman, PCC, Medical equipment supplier agreement.