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Malgorzata Surdek

Małgorzata Surdek

Head of Dispute Resolution, Poland / CEE Practice Group Leader, Litigation, Arbitration, Insurance and Employment

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

Małgorzata Surdek is the Head of Dispute Resolution at CMS Poland. She also coordinates the Dispute Resolution Practice throughout Central and Eastern Europe. 

She has many years’ experience in civil, commercial and criminal litigation before state courts, especially in matters relating to consumer protection, intellectual property and unfair competition (including unfair, misleading and comparative advertising), insurance claims, public procurement.

Małgorzata represents clients in disputes with regulators of financial services, pharmaceutical, energy and telecommunications, and advises banks and insurers in class action litigations.

Her experience also includes representing clients in commercial and investment arbitration cases. 

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"She focused on the right things and devised a strong strategy for the hearings"

Chambers Europe

Relevant experience

  • Bank Millennium in a class action initiated by a group of borrowers of mortgage loans denominated in CHF in relation to FX spread clauses.
  • Bank BPH in a class action initiated by a group of borrowers of mortgage loans denominated in CHF in relation to FX spread clauses.
  • AXA in two class actions concerning unit-linked products and permissibility as well as surrender fees.
  • Link4 (an insurance company) in a class action brought by a group of insurance agents against our client, for damages resulting from an alleged act of unfair competition.
  • P4 (a Polish mobile operator) in an appeal against the decision of the President of the Competition and Consumer Protection Authority which imposed a fine for alleged involvement in a cartel with three other mobile operators (Orange, T-Mobile and Plus). The alleged cartel is connected with the refusal to buy mobile TV services in the DVB-H standard.
  • PKO BP (the biggest Polish retail bank) in its appeal against a fine imposed by the President of the Competition and Consumer Protection Authority for allegedly misleading consumers in an advertising campaign for retail loans offered to consumers.
  • Bank BPH  in an investigation and proceedings conducted by the President of the UOKiK concerning an infringement of collective consumer interests in areas such as alleged violations of the act on consumer credit (crediting the cost of the loan, method of calculating APR).
  • Airbus Group (formerly Eurocopter SAS / EADS Group) in a successful tender run in a competitive dialog formula for the delivery of 23 helicopters and a flight simulator to the Polish Ministry of Health. The work included representing the client in numerous court actions during the process, all of them successfully completed. Value of the contract EUR 140 million.
  • A JV company in international ad hoc construction arbitration under the UNCITRAL rules against the Polish Minister of Infrastructure and the General Directorate for National Roads and Motorways (GDDKiA) concerning a PPP contract for the construction and operation of the A1 motorway in Poland.
  • A business services company in commercial arbitration concerning the supply contract for an automated fare collection system for a Russian city. 
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  • 2014 - Postgraduate studies in international commercial arbitration, the School of International Arbitration, Queen Mary, University of London, London, UK
  • 2002 - Advocate, the Warsaw Bar of Advocates, Warsaw
  • 2000 - Postgraduate studies in European Union law, King’s College, University of London, London, UK
  • 1996 - Master’s degree in Law, Maria Curie-Skłodowska University, Lublin
  • 1996 - Master’s degree in in Political Science, Maria Curie-Skłodowska University, Lublin 
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  • Member, Warsaw Bar of Advocates
  • Member, MCI Arb, Chartered Institute of Arbitrators 
  • Member, FCI Arb, Fellow of Charted Institute of Arbitrators
  • Member, The Nominating Committee at the Lewiatan Court of Arbitration
  • Member, Arbitral Women Warsaw Bar of Advocates
  • Member, ICC Poland Arbitral Women
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  • Is there a need to codify the ethics principles concerning the representatives of parties to international arbitration? Comments based on the IBA Guidelines on the Representation of Parties in International Arbitration, Arbitration Bulletin 2014, No. 21, p. 79-84
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Lectures list

  • 2015: International Dispute Resolution: Diversity Towards Convergence? organised by the Jagiellonian University and the International Chamber of Commerce, Cracow
  • 2015: 7th Bancassurance Congress organised by the Polish Banking Association, Warsaw
  • 2015: 5th Warsaw Investment Arbitration Debate, organised by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, Warsaw
  • a debate on “Third Party Funding in Investment Arbitration” organised by the Warsaw University
  • 2015: case study during "Dispute Resolution in M&A / JV Transactions" organised by the Lewiatan Court of Arbitration, Warsaw
  • 2014: 6th Bancassurance Congress organised by the Polish Banking Association, Warsaw
  • 2014: Cost in Investment Arbitration: Should the Loser Pay All? FDI pree-moot court,  the Warsaw University, Warsaw
  • 2014: Post-arbitration proceedings: action for annulment of an arbitration award recognition and enforcement of arbitration awards (“Postępowania post-arbitrażowe: skarga o uchylenie orzeczenia sądu polubownego uznawanie i wykonanie orzeczeń arbitrażowych”) organised by the Lewiatan Court of Arbitration, Warsaw
  • 2013: Does the system of investment treaty arbitration need revision?, FDI pree-moot court, the Warsaw University, Warsaw
  • 2013: Dispute Resolution i M&A Transaction: Tactis, Challenges, Defences organised by the Lewiatan Court of Arbitration, Warsaw
  • 2013: Insolvency and arbitration, the Baltic Arbitration Days, Ryga
  • 2013: Current trends in international arbitration, Polish - Ukrainian Twin Conference (the Lewiatan Court of Arbitration and the Ukrainian Bar Association), Kiev
  • 2012: Third Party Funding in International Arbitration, VIS pre-moot court, the Warsaw University, Warsaw
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Show only
16 March 2020
Coronavir­us & con­tract breaches in Cent­ral East­ern Europe
The situ­ation with Cov­id-19 (Coronavir­us) is still de­vel­op­ing rap­idly and is be­ing fol­lowed with keen in­terest and ob­vi­ous con­cern. We already know that this glob­al pan­dem­ic will have a severe so­cial and eco­nom­ic im­pact, and gov­ern­ments will do everything
14 April 2020
COV­ID-19 and re­in­sur­ance ag­greg­a­tion clauses – po­ten­tial dis­pute area?
Re­in­surers, like in­surers, are cur­rently eval­u­at­ing their po­ten­tial COV­ID-19 ex­pos­ure. Amidst po­ten­tial is­sues - ag­greg­a­tion clauses stip­u­lated in the re­in­sur­ance con­tracts might be worth con­sid­er­ing....
25 June 2018
CMS Part­ners ap­poin­ted to the IC­C's In­ter­na­tion­al Court of Ar­bit­ra­tion
14 February 2019
EU Mem­ber States ad­opt de­clar­a­tion on the ter­min­a­tion of all bi­lat­er­al...
On 15 Janu­ary 2019, rep­res­ent­at­ives of EU Mem­ber States made the first form­al step to­wards end­ing bi­lat­er­al in­vest­ment pro­tec­tion treat­ies signed between EU Mem­ber States (“in­tra-EU BITs”) when they...
Małgorzata Surdek ap­poin­ted the new man­aging part­ner of CMS Po­land
09 March 2018
CJEU rules against ar­bit­ra­tion clauses in In­tra-EU Bi­lat­er­al In­vest­ment...
On 6 March 2018, the Court of Justice of the European Uni­on (CJEU) ruled that Art­icles 267 and 344 of the Treaty on the Func­tion­ing of the European Uni­on (TFEU) must be in­ter­preted as pre­clud­ing ar­bit­ra­tion...
CMS Po­land Dis­pute Res­ol­u­tion team suc­cess­fully rep­res­ents a key in­sur­ance...
08 December 2016
Pol­ish draft act on in­sur­ance dis­tri­bu­tion
On 6 Decem­ber 2016 the draft act on in­sur­ance dis­tri­bu­tion was pub­lished.  The new reg­u­la­tion is to su­per­sede the cur­rent act on in­sur­ance me­di­ation dated 22 May 2003. The draft act im­ple­ments dir­ect­ive...
CMS rep­res­ents P4 in a dis­pute with the Pol­ish Court of Com­pet­i­tion and...
01 September 2016
Po­land’s Gen­er­al Pro­sec­utor casts spot­light on unit-linked activ­ity
The people who de­signed and launched a unit-linked in­sur­ance product onto the mar­ket could be ac­count­able un­der crim­in­al law along with the in­di­vidu­als who dis­trib­uted the policies – ac­cord­ing to the...
10 things every in­surer should know about Cent­ral East­ern Europe
Katar­zyna Dulewicz and Małgorzata Surdek among the lead­ing fe­male law­yers...