Counsel

Jan Markiewicz

Languages

Polish
English

Jan Markiewicz is an advocate and Counsel in the Dispute Resolution Department at CMS.

He specialises in matters related to the development of infrastructure projects - roads, rail, power plants and transmission networks. Jan advises clients throughout the entire lifespan of a project, from the stage of risk assessment and contractual terms negotiations, at the construction stage, in particular by formulating or defending contractual claims and conducting negotiations between the stakeholders, at the pre-trial stage, including in interim injunction proceedings – and finally in disputes before both the common courts and arbitration tribunals, in Poland and abroad, as well as at the stage of settlement talks. Jan is expert in FIDIC conditions of contact.

He also has extensive experience in unfair competition cases, in particular in the FMCG sector (large-scale retail), corporate disputes, disputes regarding the performance of commercial and agency contracts, torts, reprivatisation cases, disputes regarding real estate transactions and in the defence sector.

He is annually recommended by The Legal 500 ranking in the field of Dispute Resolution.

Relevant experience

A Polish-Spanish general contractor in arbitration proceedings (ICC) initiated by a German consortium member, concerning the settlement of accounts and allocation of liability for delay under a contract for the construction of a CHP plant outside Poland – concluded with a favourable settlement in the first year of the proceedings.
A Polish-Spanish general contractor in arbitration proceedings (VIAC) initiated by a Slovakian sub-contractor developing a section of an international gas pipeline in the south of Poland – concluded with a favourable settlement in the first year of the proceedings.
An international engineering firm in court proceedings initiated by a general contractor of a new power unit for a CHP plant in central Poland, concerning damages for alleged underestimation of the amount of materials required for construction in the bill of quantities – concluded with a favourable settlement.
A group of Spanish construction companies in court proceedings against the General Directorate for National Roads and Motorways regarding settlement of accounts following withdrawal from contracts for the construction of expressways in central and northern Poland – concluded with settlements in the first year of the proceedings.
A Polish-French general contractor in litigation with the General Directorate for National Roads and Motorways for price adjustment of a road contract due to unpredictable price increases.
A Polish general contractor in arbitration proceedings against the City of Warsaw before the Construction Court at SIDiR (Polish Consulting Engineers and Experts Association), concerning payments for reconstruction and modernisation of a road junction in Warsaw.
A Polish public contractor in three arbitration proceedings (SAKIG) brought by and against a Spanish general contractor in connection with the failure of construction of a CHP plant in southern Poland – concluded with settlements.
Two leading German retail chains before common courts and arbitration tribunals (SAKIG) in over 40 cases brought by suppliers for the return of “slotting fees”.
A leading international steel producer in arbitration proceedings (ICC) initiated by an Italian developer regarding the sale of post-industrial land in Poland.
A German developer from the energy sector in a dispute involving proceedings before Polish common courts and the Court of Arbitration at the International Chamber of Commerce (ICC), arising in connection with irregularities in the construction of a wind farm in central Poland.

Memberships & Roles

Warsaw Bar Association of Advocates.

Education

PhD, Faculty of Law and Administration, Jagiellonian University, Cracow.
LL.M, Faculty of Law, University of Cambridge, Cambridge.
M.A., Faculty of Law and Administration, University of Warsaw, Warsaw.
B.A. (graphic design), Academy of Fine Arts, Lodz.

Practice Areas

Dispute Resolution

sectors

Infrastructure & Projects

Insights

Global Reach