art of effectiveness

art of effectiveness

ARBITRATION

“Gessel Attorneys at Law’s team ‘thinks of answers before the opponents come up with

questions’, particularly in arbitration.”

Legal 500 2018

For over 25 years, GESSEL has been providing legal services to both business entities and private individuals, both domestic and foreign. Our operations are centred on comprehensive legal advice in direct investment transactions in the private sector and on any attendant disputes.

GESSEL’s legal team comprises almost 70 lawyers specializing in various legal disciplines, with particular focus on arbitration, litigation, M&A, private equity and venture capital, equity transactions, securities law, company and business law, competition law, intellectual property, employment law, pharmaceutical law, tax law, real estate. The experts at our German Desk specialise in support-ing investors from German-speaking countries.

GESSEL arbitration team focuses on advising and representing Clients in do-mestic and international arbitration. Our lawyers act as counsels, arbitrators and experts. They have experience in conducting proceedings, among others in Geneva, Hague, London, New York, Paris, Stockholm, Warsaw and Vienna.

The expertise of GESSEL, as well as of individual lawyers from our firm is consis-tently affirmed in Polish and international rankings, including Chambers Europe, Legal 500 and Rzeczpospolita.

■ Top ranked law firm by Polish and international rankings since 2007, especially by Chambers & Partners, Legal 500, Expert Guides, Forbes and “Rzeczpospolita”.

■ Recommended in the fields of arbitration, M&A, capital markets, antimonopoly issues and privatisation/restructuring, private equity, banking & finance and tax law.

■Beata Gessel-Kalinowska vel Kalisz, PhD has been recommended in Who’s Who Legal: Arbitration.

■Beata Gessel-Kalinowska vel Kalisz, PhD has been awarded the prestigious title “Lawyer of Three Decades” (The award recipients were selected by the Polish Union of Private Employers and of the Rzeczpospolita daily).

RECOMENDATIONS

CLIENTS PRAISE US

Sources are full of praise for Beata Gessel-Kalinowska vel Kalisz of GESSEL, describing her as a “very effective and dynamic” arbitrator. She is also noted for her extensive expertise in international arbitration proceedings. She regularly acts as a counsel and arbitrator.Chambers Europe 2019

Beata Gessel-Kalinowska vel Kalisz “has been praised for inquisitive style, effectiveness, and strong business sense“ is known for her active role as an arbitrator in Poland and abroad’ she is often called “the first lady of arbitration in Poland. She advises both domestic and international clients in high-stakes arbitration matters.”

Chambers Europe 2017, Most in Demand Arbitrators

WHAT WE DO

■ The Arbitration Practice is chaired by Beata Gessel-Kalinowska vel Kalisz, PhD, the founder and senior partner of GESSEL Attorneys at Law. She is a recognised international arbitrator and expert in the field of arbitration. Bea-ta 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, SCC, Lewiatan, Polish National Chamber of Commerce (KIG) and the National Depository for Securities (KDPW).

■ The attorneys of our team have experience in conducting arbitration pro-ceedings, with arbitrage, among others in Geneva, The Hague, London, New York, Paris, Stockholm, Warsaw and Vienna, run according to the regulations of the following institutions.

WE DEDICATE OUR EXPERIENCE TO OUR CLIENTS (selected arbitration cases representing the versatility of our lawyers’ experience)

ad hoc arbitration (Paris)Claim brought by a Polish enterpreneur against a global machine producer, seeking damages for unfair competition – under French law

GESSEL for a Polish Enterpreneur

ICC arbitration (Zurich)Dispute concerning claims for payment in a power plant con-struction project – production and delivery of elements

GESSEL for an Energy Sector Producer

SCAI arbitration (Geneva)Dispute concerning breach of a distribution agreement – claim for damages

GESSEL for a Food Industry Producer

ICC arbitration (Warsaw)Representation in a dispute with a Luxembourg company in proceedings before the ICC concerning claims of damages for violation of representations and warranties in an investment agreement

GESSEL for an International Group of Respondents

FCC arbitration (London)Representation of buyer in a series of arbitration proceedings conducted according to the Arbitration Rules of the Federation of Cocoa Commerce, concerning long-term cocoa powder sale agreements and questions related to product price and quality

GESSEL for a Buyer

SA Lewiatan (Warsaw)Action for proper construction of rights resulting from the SPA

GESSEL for a Buyer

FOSFA ArbitrationRepresentation of buyers and sellers in arbitration proceedings conducted according to the Arbi-tration Rules of the Federation of Oils, Seeds and Fats Associations concerning significatnt contami-nation of sunflower oil

GESSEL for Buyers & Sellers

KIG ArbitrationRepresentation of a financial investor in a case concerning payment based on a price ad-justment clause in a SPA.

GESSEL for a Financial Investor

KIG ArbitrationRepresentation of an IT systems provider as claimant in case against an investor, seeking damages for failure to carry out an investment agreement

GESSEL for an IT Systems Provider

KIG ArbitrationRepresentation of a private equity fund pursuing pecuniary claims against a contractor for making false representations and warranties in an investment agreement

GESSEL for a Luxembourg PE Fund

KIG ArbitrationRepresentation of an IT company in a dispute with Croatian company concerning payment for equipment

GESSEL for an IT Company

ICC ArbitrationDispute with a local authority concerning a contract for construction of a sewage network

GESSEL for an Individual


UNICITRAL ad hocRepresentation of a company in a dispute concerning implementation of an IT contract

GESSEL for an IT Company

Domains Arbitration CourtRepresentation of a company providing medical services in a dispute with a competing entity concerning the registration and use of a domain name that was deceptively similar to the Client’s

GESSEL for a Company Providing Medical Services

ad hoc ArbitrationRepresentation of defendant in ad hoc arbitration concerning a building collapse and alleged design errors in the construc-tion of a shopping center

GESSEL for an International Engineering Consultancy

KIG ArbitrationRepresentation of one of the largest Polish banks in a case concerning settlement of a bonus paid in shares as part of a motivational system for management board members

GESSEL for One of the largest Polish Banks

ICC ArbitrationRepresentation of claimant against the contracting party in a case concerning financial settlement for the design of a commercial and office complex in central Warsaw

GESSEL for an International Construction Company

SA LewiatanDispute for modification of obligations of a Tenant due to an extraordinary change in circumstances

GESSEL for a Landlord


Successful recognition and enforcementof LCIA (UK seat) investment award for PLN 800m

Successful recognitionof ICC (Dutch seat) investment award for EUR 10m

Successful recognition and enforcementof Uncitral (Polish seat) award for EUR 5m

Successful recognitionof ICC (Polish seat) award for EUR 5m

Successful prevention against recognition and enforcementof FCC (UK seat) award for EUR 1m

Successful prevention against recognition and enforcementof FCC (UK seat) award for EUR 800m

WE DEDICATE OUR EXPERIENCE TO OUR CLIENTS (recognition and enforcement of arbitral awards)

“Given the risk of more disputes on a larger scale, it is never too early in the game to seek professional legal advice. Client satisfaction is measured not only in terms of fulfilling his legal needs, but also of achieving his business objectives. As a result, quality legal assistance must rely not only on legal knowledge, but also on an understanding of the market and on negotiation and communications skills.”

Beata Gessel-Kalinowska vel Kalisz, PhD

OUR SELECTED PUBLICATIONS

The Legal, Real and Converged Interest in Declarato-ry Relief is a combination of practical experience and dogmatic analysis that focuses on declaratory relief re-lating to disputes resolved within the framework of in-ternational commercial arbitration and litigation.

Declaratory relief is construed as a remedy where the plaintiff seeks an authoritative judicial statement of the legal relationship. Although of enormous significance in dispute resolution, declaratory relief has not been analysed in detail until this deeply informed study.

OUR SELECTED PUBLICATIONS

GESSEL ARBITRATION WALL

GESSEL Arbitration Wall is an arbitration mobile app. It is an easily accessible and us-er-friendly database of documents frequent-ly used in arbitration such as applicable rules, laws and instruments (e.g. IBA Rules or Guide-lines), and also of other knowledge and refer-ence materials (e.g. studies, reports). It focuses primarily on arbitration procedures and all their legal surroundings (whether hard or soft law). The app called GESSEL Arbitration Wall is in-tended to promote of arbitration. It is free of charge and designed for iOS (iPhones, iPads) and Android (e.g. Samsung, Sony, HTC or other kinds of phones and tablets using the Android system). It operates in English.

TEAM LEADER

Beata Gessel is an expert practitioner in arbitration, M&A, private equity and commercial law. She has acted as an arbitrator or counsel in over 100 cases under rules of ICC, FCC, IAA, SCAI, UNCITRAL, Lewiatan, KIG and National Depository for Securities. Honorary President of the Lewiatan Court of Ar-bitration, member of the of ICC International Arbitration Court. She chairs the Audit Committee of the Polish Private Equity Association. Beata Gessel is an adjunct professor in commercial arbitration as well as commercial law at the Cardinal Stefan Wyszynski University.

She ran comparative law research on breach of M&A transactions as a visiting ac-ademic at Oxford University Law Department and in 2016/2017 at the Cambridge University within the Herbert Smith Freehills Visiting Professors Scheme and finally in 2018 as visiting scholar at Wolfson College. She summed up her research in her recent book “Legal, Real and Converged Interest in Declaratory Relief” published by Kluwer Law International.

Beata Gessel-Kalinowska vel Kalisz, PhDSenior partner, attorney-at-law +48 22 318 69 10e-mail: [email protected]

■Beata Gessel-Kalinowska vel Kalisz, PhD, leader of the arbitration team, is active in the global arbitration community.

Since 2015 she has been a member of the International Court of Arbitration ICC in Paris, elected by the Polish National Com-mittee of the International Chamber of Commerce (ICC Po-land).

From 2005, she was a member of the governing bod-ies of the Lewiatan Court of Arbitration (from 2005 to 2011 as Vice President, and from 2011 to 2017 as President). In 2017, she became the Honorary President of the Lewiatan Court of Arbitration.

She is the author of the concept and chairman of the inter-national Dispute Resolution in M&A Transactions conference, which has been held in Warsaw every two years since 2010.

OUR TEAM

Joanna Kisielińska-Garncarek Senior associate, radca prawny

+48 22 318 69 [email protected]

Maja Frontczak Senior associate, radca prawny

+48 22 318 [email protected]

Łukasz Ostas Associate


Natalia Niklińska, PhD Associate


Barbara Tomczyk Associate


gessel.plul. Sienna 3900-121 Warszawatel. +48 22 318 69 [email protected]

Documents

art of effectiveness