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Dispute Resolution in Poland Issues and new developments in dispute resolution in Poland.

Maciej Jamka


Maciej Jamka is a Polish advocate practicing in all areas of Polish law, with particular emphasis on mergers and acquisitions, real estate, and litigation. In the Warsaw office of K&L Gates he is the head of the litigation and arbitration practice and has represented clients in some of the largest litigation cases in Poland. He has represented the Republic of Poland in several investment arbitration proceedings (BIT) and major international companies in respect of investment disputes. A significant portion of Mr. Jamka’s practice relates to construction disputes. He has advised clients on the acquisition of companies and assets in many industries, including advice related to large mergers. He has also advised clients on greenfield investments in Poland. A significant portion of Mr. Jamka’s practice relates to the acquisition of commercial centers, office buildings, undeveloped plots, and agricultural land and includes advising on administrative issues related to construction projects in Poland. Maciej Jamka is often appointed as an arbitrator in commercial matters.

Posts by Maciej Jamka

Good change in the ICC

Posted in Arbitration

Alexis Mourre took up the office of President of the ICC International Court of Arbitration almost a year and a half ago. From the beginning it was clear that Alexis had a vision to address the problems of arbitration, particularly the criticism regarding the lack of transparency and lengthy arbitration proceedings. These two issues appear… Continue Reading

Appellate court is calling!

Posted in Arbitration

“Good morning, Sir. I’m calling from the appellate court in X – you transferred 300 zloty. What’s that for please?” “A court fee for the declaration of enforceability in Poland of a judgment of a foreign arbitration court.” “Sir, we are the appellate court and recognize only appeals” “No, from January 1st this year, the… Continue Reading

Changes in the air. Will TTIP change ISDS model?

Posted in Investment Arbitration

On July 8, 2015 the European Parliament approved the recommendation to the European Commission regarding the Transatlantic Trade and Investment Partnership by endorsing the Lange report. In fact, they are guidelines for the European Commission to negotiate with the United States. The approval of these guidelines has taken place with a considerable majority of votes:… Continue Reading

Poland wins

Posted in Investment Arbitration

The Republic of Poland has won a BIT (Bilateral Investment Treaty) dispute with American investors.  The dispute referred to the disreputable Plasma Fractionation Laboratory (in Polish: “LFO”), the scandal that took place at the end of the last decade.  The judgment is available online at: http://www.italaw.com/sites/default/files/case-documents/italaw3192.pdf. Winning in good style, all claims were dismissed, and… Continue Reading

Exclusion of an attorney. Some notes on the development of international arbitration based on the IBA Guidelines, on Party Representation in International Arbitration

Posted in Arbitration

The Guidelines on Party Representation in International Arbitration (“Guidelines”) is a new initiative of the International Bar Association (IBA). The success of the earlier forms, the so-called soft law, in particular the Guidelines on Conflicts of Interest and the Taking of Evidence in International Arbitration has undoubtedly encouraged IBA to prepare the new guidelines. This… Continue Reading

Pоссийская Арбитражная Ассоциация

Posted in Arbitration

On Thursday, June 19, 2013 I participated in an election meeting of the Russian Arbitration Association (Pоссийская Арбитражная Ассоциация). This newly founded organization aims to develop arbitration in Russia. The meeting took place at the Metropol Hotel in Moscow. The hotel, worth a mention in itself, is located on Theatre Square (next to the Bolshoi… Continue Reading

Browbeating of Judges

Posted in Litigation

In the issue of “Rzeczpospolita” of 7 May 2013, the newspaper’s editor Marek Domagalski’s article entitled “Republic of Judges” on the acquittal of Beata Sawicka, presented controversial arguments relating to the judiciary in Poland. These arguments should be discussed.

FIDIC in Kiev

Posted in International Disputes

I had the pleasure to attend, at the invitation of the Arzinger law firm, a conference in Kiev regarding FIDIC forms of contracts. The room with a capacity of a hundred people was filled to the brim with Ukrainian lawyers.

BIVAK for anyone interested in BIT arbitration

Posted in Investment Arbitration

          Some time ago, a decision of October 9, 2012, regarding Bureau Veritas, Inspection, Valuation, Assessment and Control (BIVAC) versus Uruguay (ICSID Case No ARB/07/09) has become public. I think this is compulsory reading for anybody dealing with investment arbitration. This is the second decision regarding jurisdiction in this matter, which became a basis for the… Continue Reading

My red Ferrari

Posted in Arbitration

I have heard lately from a few people whose opinions I value, negative comments about arbitration. It takes too long, the procedure is vague and unpredictable and the outcome was unsatisfactory. If in the football the saying of the football coach Kazimierz Górski that “the ball is round and there are two goals” had such career I think that… Continue Reading


Posted in Arbitration

I was invited to join the board of the Polish National Committee of the International Chamber of Commerce (International Chamber of Commerce – ICC). Bravo! I will add it to my CV – it will fit nicely with the rest of the information there. Perhaps some prospective client will take notice? You never know! Certainly… Continue Reading

Court buffet

Posted in Arbitration, Litigation

It was not a long time ago, a bit more than 20 years ago, when the Warsaw courts were all in one place – in a monumental building at 127 Leszno Street (called Świerczewskiego then). The labor courts were located in the buildings of the mortgage court. There were 500 advocates in Warsaw and only… Continue Reading