Beata Gessel-Kalinowska vel Kalisz, D.Sc.
Senior Partner
Attorney-at-law
Expert in arbitration, M&A transactions and private equity/venture capital and commercial law. Senior partner, founder of GESSEL law firm. Member of the ICC International Court of Arbitration (2015-2021). From 2011 to 2017 she served as President, and in 2017 became Honorary President of the LEWIATAN Court of Arbitration.
Languages:
BIO
Recognised international arbitrator, she has decided more than 150 cases in domestic and international arbitration (conducted, inter alia, under ICC, SCC, VIAC, LCIA, UNCITRAL, FCC, IAA, SCAI, Lewiatan, KIG, NDS, SIDiR rules) in the fields of mergers and acquisitions, construction law (inter alia, under FIDIC regulations), energy law and international commercial contracts.
Member of advisory bodies and working groups of the world’s largest arbitration institutions: the ICC Committee on Arbitration and ADR, the SCC Arbitrators’ Council, the ICDR/AAA ICDR Rules Revision Task Force and the International Bar Association Council Task Force for the revision of the IBA Guidelines on Conflicts of Interest in International Arbitration. Chair of the Audit Committee of the Polish Private Equity Association (PSIK), member of the Board of Directors of the Polish Arbitration Association.
She combines her career as an arbitrator with her academic activities. In 2023, she was appointed to the Scientific Council of the Institute of Legal Sciences of the Polish Academy of Sciences. For many years was an associate professor at Cardinal Stefan Wyszynski University, where she taught , M&A transactions and commercial law.
She has given guest lectures at, among others, Stockholm University, Humbolt University, University of Leicester, Queen Mary University London, and the Virtual Diploma in International Commercial Arbitration of the Royal Institute of Arbitration in London (CIArb).
Experience
Arbitration proceedings - Arbitrator
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
Side 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
Side arbitrator, Lewiatan Court of Arbitration, execution and implementation of an infrastructure project.
- Local government entity vs. Polish construction company
Side 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
Side arbitrator, ICC International Court of Arbitration, engineering and construction contract.
- Polish company, member of French consortium vs. Polish developer
Side arbitrator, ICC International Court of Arbitration, construction contract.
- International construction consortium vs. Romanian state-owned company operating in the energy sector
Side 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
Side 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
Side arbitrator, Court of Arbitration at the National Chamber of Commerce (KIG), construction contract.
- German investment fund vs. Developer
Presiding arbitrator, Ad hoc arbitration, 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
Side 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, ad hoc arbitration, 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
Lateral 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
Lateral arbitrator, Lewiatan Court of Arbitration, dispute concerning breach of warranty of an M&A transaction
- Luxembourg company vs. International consortium in the energy sector
Side arbitrator, Court of Arbitration at the National Chamber of Commerce (KIG), share sale agreement.
- Dutch real estate fund vs. Luxembourg holding company
Side arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), share sale agreement.
- Spanish construction company vs. Polish private individual
Side 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
Lateral arbitrator, ICC International Court of Arbitration, shareholders’ dispute under letter of intent.
- Investor – Polish subsidiary of US corporation vs. Polish company
Side arbitrator, ad hoc arbitration, BIT.
- Polish subsidiary of English investment fund vs. biogas producer
Side arbitrator, ad hoc arbitration, UNCITRAL, preliminary share purchase agreement.
- Polish road contractor vs. Polish company
Side arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), share sale agreement.
OTHER
- International consortium from the energy sector vs German company
Ad hoc 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
Lateral Arbitrator Court of Arbitration at the Polish Chamber of Commerce (PCC), severance of lease agreement.
- Polish heavy machinery manufacturer vs Russian entity
Side arbitrator, Stockholm Arbitration Institute (SCC), supply contract
- Indian company vs. Polish steel producer
Side arbitrator, Court of Arbitration at the National Chamber of Commerce (KIG), management agreement.
- Polish transport company vs. Consortium of companies – vehicle manufacturers
Lateral 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
Side arbitrator, NDS.
- Polish insurance broker vs. Polish insurance broker
Sole arbitrator, ad hoc arbitration, 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
Side 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
Side arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), sales contract.
- Polish metal company vs. Slovak wholesale company
Side arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), sale agreement.
- Polish investment banking boutique vs. Polish subsidiary of French retail chain
Side arbitrator, ad hoc arbitration, real estate purchase agreement.
- Polish record label vs. mobile network operator
Side arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), music and entertainment services contract.
- Polish pharmaceutical company vs. Czech pharmaceutical company
Lateral arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), exclusive distribution agreement.
- Finnish shipping company vs. Polish shipping company
Side 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.
Arbitration proceedings - Representative
- 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)
News
& Insights
14.09.2023
GESSEL has once again been recommended in the IFLR1000 2023 international ranking
Our law firm has once again been recommended in the international IFLR1000 2023 ranking in the categories M&A, Capital markets: Equity, Capital markets: Debt. Indiv...
12.04.2023
Another market accolade for GESSEL
We’re hitting our stride in 2023, the year of our firm’s 30th anniversary, with another prestigious award – a Forbes Diamond, recognising persistency in growing value an...
17.03.2023
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 in Band 1 of the Cor...
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
- Law studies at the Faculty of Law and Administration of the University of Warsaw (1989).
- Obtaining a doctoral degree in the field of social sciences – in the discipline of legal sciences at the Stefan Kardynał Wyszyński University in Warsaw (“Legal nature of declarations and assurances in a contract for the sale of shares in a limited liability company. (in light of the principle of freedom of contract)”, Wolters Kluwer 2010) (2009)
- Obtaining a doctoral degree in social sciences – in the discipline of legal sciences at Stefan Kardynał Wyszyński University in Warsaw (“The Legal, Real and Convereged Insterest in Declaratory Relief”, Kluwer Law International 2021) (2021)
Study visits:
2015 – 2016 Visiting Scholar – Faculty of Law, University of Oxford
2016 – 2017 Visiting Professor – Faculty of Law, University of Cambridge, as part of the Herbert Smith Freehills visitor scheme.
2018, 2021 Visiting Scholar – Wolfson College, University of Oxford
2022 Visiting Scholar – School of International Arbitration, Queen Mary University London
Awards
Science publications
