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Bartosz Miąskiewicz

Senior Associate
Advocate

CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages Polish, English

Bartosz Miąskiewicz is an advocate and a Senior Associate in the Dispute Resolution Department at CMS.

Bartosz specialises in conducting court proceedings concerning financial institutions and commercial contract law. He has represented clients in various types of commercial disputes, including disputes related to compensation for damage allegedly caused in the course of enforcement, disputes regarding financial instruments and MIFID, as well as disputes before common and arbitration courts initiated by consumers (individual and group) regarding financial products.

In practice, he has had the unique experience of co-shaping the procedural strategy for a series of several to several hundred similar disputes, the common dominator of which were complex legal issues in the field of consumer and business law.

He has represented clients, mainly financial institutions, in several proceedings before the Supreme Court, including the preparation of several cassations - often acting as an attorney only at the stage of the case after the judgment of the second instance court.

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Relevant experience

Commercial Litigation

  • Seven banks in several disputes regarding financial instruments, based, inter alia, on allegations of violation of the MIFID directive, with a total value exceeding PLN 1 billion (including currency options, CIRS transactions, corporate bonds) - in many cases also participation in settlement talks concluded with agreements that are satisfactory for both parties.
  • Two banks in a series of disputes related to the allegation of participation in a price cartel - an agreement on the determination of interchange fees charged when settling transactions made with the use of payment cards.
  • A fuel concern in a series of disputes with franchisees.
  • A joint-stock company in a series of processes related to the performance of framework agreements concluded under sectoral procurement procedures, concluded with a court settlement satisfactory to both parties.
  • A  bank in a dispute over the payment of a compensatory remuneration, brought by a company acting as an agent-coordinator derived from a tripartite agency agreement.
  • A joint-stock company in a dispute brought by a consulting company for the payment of remuneration under a contract for the elaboration of a development strategy, ended with a court settlement satisfactory to both parties, representing the company during settlement discussions that were successfully conducted at the appeal stage.
  • A company from the armaments sector in a dispute regarding a framework agreement and in a series of disputes related to a lease agreement.
  • A leasing company in a dispute over payment in connection with a claim for payment of an amount corresponding to the adjusted value of VAT.     

Consumer Law

  • Seven banks in several hundred court proceedings related to the allegation of invalidity or partial ineffectiveness of denominated and indexed loan agreements.
  • Three banks in group proceedings with the participation of several thousand borrowers regarding indexation clauses and low down payment insurance.
  • Updating contract templates from the point of view of consumer law, i.a. as part of the adaptation of the provisions implementing the PSD2 directive and the BMR regulation.
  • Financial institutions in cases related to abstract control of contract templates and in cases of infringement of collective consumer interests.
  • Financial institutions in other types of criminal and administrative proceedings conducted, e.g. by The Office of Competition and Consumer Protection (UOKiK), the Polish Financial Supervision Authority (KNF), or the Financial Ombudsman, initiated by consumers or ex officio in connection with allegations of infringement of consumer rights.

Corporate Advisory

  • Editing of current reports under the obligation to provide confidential information by joint-stock companies (ESPI) related to the conduct of court and administrative proceedings.
  • Updating templates of franchise agreements used by a fuel concern for the purposes of implementation within the nationwide network of petrol stations.

Protection of personal rights

  • A local-government organisation in a dispute over the cessation of violations, an apology and payment for a social goal, set against a weekly magazine with a nationwide coverage, an internet news portal, and a well-known journalist and politician.
  • A financial institution in security proceeding and in an action for the cessation of infringements of personal rights in the form of pickets and demonstrations, as well as repeated publication of offensive entries on the Internet infringing the personal rights of a legal person, concluded with a satisfactory settlement.
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Education

  • 2013 – advocate, Bar of Advocates, Warsaw.
  • 2010 – Master’s degree, Warsaw University, Warsaw.
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Memberships

  • Member, Warsaw Bar of Advocates.
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Publications

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Expertise

6 September 2017
CMS strengthens dis­pute res­ol­u­tion team in Po­land
Anna Cudna-Wag­n­er, leg­al ad­visor with more than 15 years of lit­ig­a­tion ex­per­i­ence, has been pro­moted to part­ner at CMS. In her new role in the Dis­pute Res­ol­u­tion De­part­ment, she will be re­spons­ible primar­ily...