Dr hab. Beata Gessel-Kalinowska vel Kalisz, Prof. INP PAN

Cases from the construction sector

• International consortium of companies vs. a Polish company

Presiding Arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), implementation of a road investment.

• Polish entity from energy sector vs. International engineering and construction company

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), construction contract.

• Polish Consortium, construction and mechanical engineering companies operating in the energy sector vs Polish group of companies operating in the oil sector

Co-arbitrator, Lewiatan Court of Arbitration, execution and implementation of an infrastructure project.

• Local government entity vs. Polish construction company

Co-arbitrator, Court of Arbitration at the Association of Consulting Engineers and Appraisers (SIDiR), construction contract.

• International construction consortium vs. Polish company, operating in the energy sector

Co-arbitrator, ICC International Court of Arbitration, engineering and construction contract.

• Polish company, member of French consortium vs. Polish developer

Co-arbitrator, ICC International Court of Arbitration, construction contract.

• International construction consortium vs. Romanian state-owned company operating in the energy sector

Co-arbitrator, ICC International Court of Arbitration, FIDIC contract.

• Polish special purpose company in the energy sector vs. International engineering and construction company in the energy sector

Co-arbitrator, Court of Arbitration at the National Chamber of Commerce, construction contract

• International consortium, specialising in infrastructure management, renewable energy, water and services vs. Polish company from the energy sector

Co-arbitrator, Court of Arbitration at the National Chamber of Commerce (KIG), construction contract.

• German investment fund vs. Developer

Presiding arbitrator, emergency arbitrator, Performance of sales contract, defects in building.

• European onshore drilling contractor vs. Geothermal energy investor

Presiding arbitrator, ICC International Court of Arbitration, Drilling project.

• Polish crane supplier vs. Polish engineering company

Presiding arbitrator, Lewiatan Court of Arbitration, construction contract.

• Polish listed construction company vs. Polish company

Co-arbitrator, Court of Arbitration at the National Chamber of Commerce (KIG), FIDIC contract, road construction.

• International developer, constructor and operator of wind farms vs. Polish electricity producer and supplier

Presiding arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), contractual penalties.

• International construction consortium vs. Polish company

Presiding arbitrator, emergency arbitrator, FIDIC contract, motorway construction contract.

• Polish construction company vs. Polish construction contractor

Sole arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), construction works.

• Polish company providing engineering and consulting services to the energy and industrial sectors vs. General contractor for energy projects

Presiding arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), design work in connection with a power plant.

• Polish company vs. German subsidiary of a European construction company specialising in civil engineering

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), construction of a breakwater.

• Polish construction contractor vs. Polish construction company

Presiding arbitrator, Court of Arbitration Lewiatan, construction of a residential complex.

• Polish listed construction company vs. Polish company

Expert, ICC International ADR Centre, interpretation of road construction and operation contract.

M&A cases

• Spanish green energy company vs. Polish green energy company

Presiding arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), post-transaction dispute, price adjustment.

• Polish joint-stock company, alcohol distributor vs. European distributor and supply chain management company

Co-arbitrator, Lewiatan Court of Arbitration, dispute concerning breach of warranty of an M&A transaction

• Luxembourg company vs. International consortium in the energy sector

Co-arbitrator, Court of Arbitration at the National Chamber of Commerce (KIG), share sale agreement.

• Dutch real estate fund vs. Luxembourg holding company

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), share sale agreement.

• Spanish construction company vs. Polish private individual

Co-arbitrator, ICC International Court of Arbitration, investment contract, breach of warranty.

• Cypriot investor vs. Hungarian company operating in the energy sector

Presiding arbitrator, ICC International Court of Arbitration, shareholders’ agreement, under Hungarian law.

• Group of Polish investment funds and insurance companies vs. International rubber manufacturer

Co-arbitrator, ICC International Court of Arbitration, shareholders’ dispute under letter of intent.

• Investor – Polish subsidiary of US corporation vs. Polish company

Co-arbitrator, emergency arbitrator, BIT.

• Polish subsidiary of English investment fund vs. biogas producer

Co-arbitrator, emergency arbitrator, UNCITRAL, preliminary share purchase agreement.

• Polish road contractor vs. Polish company

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), share sale agreement.

OTHER

• International consortium from the energy sector vs German company

Emergency Arbitrator, under the ICC Emergency Arbitration Rules, application for an emergency measure to refrain from triggering a contractual guarantee.

• One of Central Europe’s largest telecommunications network operators vs Real estate company

Co-arbitrator Court of Arbitration at the Polish Chamber of Commerce (PCC), severance of lease agreement.

• Polish heavy machinery manufacturer vs Russian entity

Co-arbitrator, Stockholm Arbitration Institute (SCC), supply contract

• Indian company vs. Polish steel producer

Co-arbitrator, Court of Arbitration at the National Chamber of Commerce (KIG), management agreement.

• Polish transport company vs. Consortium of companies – vehicle manufacturers

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), supply contract dispute.

• Swiss energy services provider vs Project management consultancy firm

Presiding arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), renewable energy sales contract.

• National Securities Depository vs. Distributor of FMCG products

Sole arbitrator, NDS.

• National Securities Depository vs. International wholesale clothing distributor

Co-arbitrator, NDS.

• Polish insurance broker vs. Polish insurance broker

Sole arbitrator, emergency arbitrator, commission payable.

• Polish manufacturer and supplier vs. Polish retail chain

Presiding arbitrator, Lewiatan Arbitration Court, regimental fees/unfair competition.

• Polish subsidiary of international IT solutions and services provider vs. Polish IT solutions integrator

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), implementation of a banking system.

• Polish metal company vs. Hungarian manufacturer of construction products for the construction of water and sewage systems

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), sales contract.

• Polish metal company vs. Slovak wholesale company

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), sale agreement.

• Polish investment banking boutique vs. Polish subsidiary of French retail chain

Co-arbitrator, emergency arbitrator, real estate purchase agreement.

• Polish record label vs. mobile network operator

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), music and entertainment services contract.

• Polish pharmaceutical company vs. Czech pharmaceutical company

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), exclusive distribution agreement.

• Finnish shipping company vs. Polish shipping company

Co-arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), agency agreement.

• Polish subsidiary of US pharmaceutical company vs. Polish medical clinic

Presiding arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), medical equipment supply contract.

• Represented a company from the electricity sector 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)
• Represented a company in the IT sector in a dispute from an M&A transaction concerning the correctness of the exercise of options before the ICC International Court of Arbitration (London)
• Represented a client in a dispute concerning a claim for compensation for losses suffered as a result of the delivery of a defective installation before the ICC International Court of Arbitration (The Hague)
• Represented an entity from the construction sector in a dispute with a local government unit concerning 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 an American company and its partners concerning improper performance of a contract before the ICC International Court of Arbitration (Warsaw)
• Represented a research institute in a dispute with a foreign contractor regarding a laboratory testing contract before the Swiss Arbitration Centre (Geneva)
• Represented a Polish company bringing claims against a French machinery manufacturer for breach of fair competition in ad hoc arbitration (Paris)
• Represented a client in a dispute concerning property claims for misrepresentations and warranties in an investment agreement before the Arbitration Court at the National Chamber of Commerce (Warsaw)
• Represented defendants in a dispute concerning the correctness of the expert determination procedure before the Arbitration Court at the Polish Chamber of Commerce (Warsaw)
• Represented a Hungarian company in a dispute concerning the performance of a construction contract before the Arbitration Court at the Polish Chamber of Commerce (Warsaw)
• Represented a Polish entity in proceedings based on a rebus sic stantibus clause before the Arbitration Court at the Polish Chamber of Commerce (Warsaw)