Arbitration is one of our leading specialties. Our hallmark is our out-of-the-box approach to cases and the legal solutions used in them. Clients indicate that “we know the answers even before opponents ask questions” (Legal500 ranking, 2018).
The disputes we advise on primarily involve mergers and acquisitions, joint venture projects, international trade, the banking and financial sector, and construction and infrastructure investments. We use unusual legal constructions, such as piercing the “corporate veil” or challenging so-called expert determination. We successfully execute and overturn arbitration awards.
We have experience advising on proceedings with their place of arbitration in Geneva, The Hague, London, New York, Paris, Stockholm, Warsaw and Vienna, among others, in accordance with the rules of the following institutions:
- ICC (ICC International Court of Arbitration)
- LCIA (London Court of International Arbitration)
- SAC (Swiss Arbitration Centre)
- SCC (Arbitration Institute of the Stockholm Chamber of Commerce)
- VIAC (Vienna International Arbitration Centre)
- ICSID (International Centre for Settlement of Investment Disputes)
- SAKIG (Court of Arbitration at the Polish Chamber of Commerce in Warsaw)
- LEWIATAN Arbitration Court
- and in ad hoc arbitration proceedings conducted in accordance with the UNCITRAL Rules
In addition, we have experience in proceedings conducted under the arbitration rules of industry trade organizations such as the LME (London Metal Exchange), FOSFA (International Federation of Oils, Seeds and Fats), and GAFTA (International Grain and Feed Trade Association).
The Arbitration Practice is headed by Dr. Beata Gessel-Kalinowska vel Kalisz, founder and senior partner of GESSEL, a recognized international arbitrator with more than 20 years of experience, who has participated in more than 150 arbitration proceedings, a member of advisory bodies and working teams of the world’s largest arbitration institutions: the ICC Committee on Arbitration and ADR, the SCC Arbitrators’ Council, the working team developing amendments to the ICDR/AAA Arbitration Rules (ICDR Rules Revision Task Force), and the International Bar Association’s working team for the revision of the IBA Arbitration Rules.
Dr. Joanna Kisielińska-Garncarek, who coordinates cross-border disputes on a daily basis in cooperation with experts and attorneys from other countries, is the partner in charge of handling domestic and international arbitration proceedings.
We actively promote arbitration in the legal and business community. One of our flagship endeavours is the long-running Dispute Resolution in M&A Transactions conference, which is the largest such event in the region, gathering more than 200 M&A experts from around the world for each successive iteration.
- Dispute resolution in Poland and abroad
- Preparation and opinion of arbitration clauses in commercial contracts
- Identification and assessment of risks for potential disputes
- Support for business entities in conflict situations
- Conducting negotiations and mediations
- Drafting and reviewing arbitration clauses and dispute resolution mechanisms in commercial contracts
- Assisting business entities in conflict situations during contract performance
- Identifying and assessing risks in terms of potential disputes
- Representation of clients in domestic and international arbitration proceedings at all stages
- Representation of clients in all arbitration-related proceedings (injunctive relief, determination of jurisdiction)
- Conducting proceedings on a complaint to set aside an arbitration award
- Conducting or coordinating proceedings for recognition or declaration of enforceability of arbitral awards in Poland and abroad
The basic principle that unites our team is to build relationships based on respect and trust.
We have been advising entrepreneurs for 30 years, so we understand the nature of business and how to properly support it. We focus on efficiency, transparency and partnership.
Beata Gessel-Kalinowska vel Kalisz, D.Sc.
Joanna Kisielińska-Garncarek, PhD
- Representation of an electricity company in a dispute concerning a claim for payment for the manufacture and delivery of power plant components before the ICC International Court of Arbitration (Zurich)
- Representation of an IT company in a dispute from an M&A transaction before the ICC International Court of Arbitration (London)
- Representation of a client in a dispute concerning a claim for compensation for losses incurred as a result of the delivery of a defective installation before the ICC International Court of Arbitration (The Hague)
- Representation of a construction industry entity in a dispute with a local government unit over a contract for the construction of a sewerage network before the ICC International Court of Arbitration (Warsaw)
- Representation of a Polish company in a dispute with a U.S. company and its partners concerning improper performance of a contract before the ICC International Court of Arbitration (Warsaw)
Beata Gessel, DSc. - arbitrator - construction cases
- International construction consortium vs. Polish – State owned – company, operating in energy sector. Co-arbitrator, ICC Court, engineering and construction agreement.
- Polish company, member of French consortium vs. Polish real estate developer. Co-arbitrator, ICC Court, construction contract.
- International construction consortium vs. Romanian – State owned – 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 in energy sector. Co-arbitrator, PCC, construction agreement.
- German investment fund vs. Real estate developer. Co-arbitrator, PCC, construction agreement.
- 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 (State owned company) 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.
Beata Gessel, DSc. - arbitrator - M&A cases
- Luxembourg company vs. International consortium in energy sector. Co-arbitrator, PCC, share purchase agreement.
- 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.
Beata Gessel, DSc. - arbitrator - others
- Polish company vs. Eastern European company. Co-arbitrator, SCC, sale of goods.
- Indian company vs. Polish company. Co-arbitrator, PCC, management contract.
- 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 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 – State owned – company. Co-arbitrator, PCC, agency agreement.
- Polish subsidiary of American pharmaceutical company vs. Polish health clinic. Chairwoman, PCC, Medical equipment supplier agreement.
GESSEL honoured in Chambers Europe 2023
Chambers and Partners have announced the results of their Europe 2022 ranking. We are proud to point out that our firm has strengthened its position i...
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 ...
Solidarity Arbitration and Mediation Days
The Solidarity Arbitration and Mediation Days, held in Warsaw between 16 and 18 November (organised by the Arbitration Court of the National Chamber of Commerce in Warsa...
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