Joanna Kisielińska-Garncarek, PhD
Partner
Attorney-at-law
Joanna specializes in arbitration and litigation. Her practice includes disputes in the broad field of business law, including international trade and M&A transactions.
Languages:
BIO
Joanna joined GESSEL in 2015. She is a partner responsible for conducting domestic and international arbitration proceedings (including before the ICC Court of Arbitration, Swiss Arbitration Centre, International Arbitration Association, Court of Arbitration at the Polish Chamber of Commerce, and the Court of Arbitration at the Lewiatan Confederation, among other forums). She also appears before the general courts, including in particular post-arbitration proceedings, such as actions to set aside arbitral awards and applications for recognition and declaration of enforceability. She has acted as administrative secretary to Polish and foreign arbitral tribunals.
Joanna is also a member of the GESSEL for Climate team, which was instrumental in bringing the first citizens’ climate lawsuits in Poland.
She is a member of the Committee on Alternative Dispute Resolution (ADR) at the National Council of Attorneys and the Committee on Foreign Affairs and Human Rights at the District Chamber of Attorneys in Warsaw. She is an author of publications on arbitration, contract law and comparative law.
As part of her pro bono work, Joanna has a longstanding cooperation with the PO DRUGIE Foundation dedicated to supporting at-risk youth. She is a lecturer at the District Chamber of Attorneys in Warsaw.
Experience
Arbitration proceedings
- Represented an electricity company in a dispute over a claim for payment for the manufacture and delivery of power plant components before the ICC International Court of Arbitration (Zurich)
- Represented an IT company in an M&A transaction dispute before the ICC International Court of Arbitration (London)
- Represented a client in a dispute over a claim for compensation for losses suffered as a result of delivery of a defective installation before the ICC International Court of Arbitration (The Hague)
- Represented a construction industry entity in a dispute with a local government entity regarding a contract for the construction of a sewage network before the ICC International Court of Arbitration (Warsaw)
- Represented a Polish entity in a dispute with a U.S. company and its partners regarding improper performance of a contract before the ICC International Court of Arbitration (Warsaw)
- Represented a research institute in a dispute with a foreign contractor over a laboratory testing contract before the Swiss Arbitration Centre (Geneva)
- Represented a Polish company raising claims against a French machinery manufacturer for breach of fair competition in ad hoc arbitration (Paris)
- Represented a client in a dispute over property claims for misrepresentations and warranties in an investment agreement before the Arbitration Court at the National Chamber of Commerce (Warsaw)
- Represented the respondents in a dispute over correctness of the expert determination
procedure before the Court of Arbitration at the National Chamber of Commerce (Warsaw) - Represented a Hungarian company in a dispute over performance of a construction contract before the Arbitration Court at the National Chamber of Commerce (Warsaw)
- Represented a Polish entity in proceedings based on the rebus sic stantibus clause before the Court of Arbitration at the National Chamber of Commerce (Warsaw)
Post-arbitration proceedings
- Represented a Romanian company in proceedings to determine enforceability of an award issued by the International Court of Arbitration at the Chamber of Commerce and Industry of Romania
- Represented a Luxembourg entity in proceedings for a declaration of enforceability and revocation of an award issued by the Court of Arbitration at the Polish Chamber of Commerce
- Represented an investment fund in proceedings to set aside an award issued by the Court of Arbitration at the Polish Chamber of Commerce
- Represented a construction industry entity in proceedings to set aside an award issued by the ICC International Court of Arbitration
Court proceedings
- Represented an investment fund in a dispute over payment of damages for breach of an investment agreement
- Represented a client in proceedings to wind down a limited liability company due to a conflict between its shareholders and management board members
- Represented five foreign companies in proceedings for enforcement clauses and EEO certificates for declarations of submission to enforcement, successfully leading to dismissal of the creditor’s applications filed
- Represented an IT company in a lawsuit concerning violation of legally protected personal interests
- Represented an IT company in a lawsuit for payment for overdue remuneration for an implementation contract
- Successfully represented the defendant in a case to declare ineffective several related legal actions
- Represented a client in a dispute over management options
- Represented a Danish company in proceedings initiated by the filing of anti-enforcement actions
News
& Insights
28.03.2024
Legal 500 international ranking just out, and GESSEL features prominently!
It’s awards season, and we at GESSEL are not done yet. The latest iteration of the Legal 500 ranking names our founding partner, Beata Gessel-Kalinowska vel Kalisz, as a...
13.03.2024
Dispute Resolution in M&A Transactions Conference 2024
Registration for “Dispute Resolution in M&A Transactions”, the international conference organised by ICC Polska, ICC International Court of Arbitration and GESSEL A...
11.01.2023
Training event “Performance of contracts in international trade”
On 31 January 2023, GESSEL, working in collaboration with Rzeczpospolita, presented an online training event for businesses looking to expand onto international markets ...
Education and achievements
- Legal studies at the Faculty of Law and Administration of Nicolaus Copernicus University in Toruń (2014)
- Attorney’s training articles (2018)
- Doctorate in legal sciences (PhD dissertation entitled “Legal Effectiveness of the Concept of Fraudulent Conveyance Claims in Polish and German law”) (2021)
- School of British and European Law organized by the British Law Centre (2013)
- School of German Law organized by the University of Gdańsk in cooperation with the University of Cologne (2014)
Awards
Academic publications
