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Portrait of Małgorzata Surdek

Małgorzata Surdek-Janicka

Partner
Head of Dispute Resolution, Poland

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

Małgorzata Surdek is a Polish-qualified advocate and the Partner at CMS. She also heads the Dispute Resolution Department in Poland. 

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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Memberships & Roles

  • 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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Publications

  • 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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Education

  • 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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Feed

28/07/2021
In­ter­im meas­ures in Po­land
1. Ap­plic­able Law 1.1.1 Pol­ish civil pro­ced­ure is mainly reg­u­lated by the Code of Civil Pro­ced­ure (Kodeks postę­pow­ania cy­wil­ne­go – KPC) of 1964. The reg­u­la­tion on in­ter­im meas­ures changed sig­ni­fic­antly...
14/07/2021
Małgorzata Surdek-Jan­icka ap­poin­ted Vice-Pres­id­ent of the ICC In­ter­na­tion­al...
Małgorzata Surdek-Jan­icka, a Pol­ish qual­i­fied ad­voc­ate and part­ner lead­ing the dis­pute res­ol­u­tion prac­tice at CMS Po­land, has taken up the po­s­i­tion of Vice-Pres­id­ent of the In­ter­na­tion­al Court of Ar­bit­ra­tion...
03/02/2021
Class ac­tions in Po­land
See the Over­view of the Rep­res­ent­at­ive Ac­tions Dir­ect­ive >> 1. Do you have a spe­cif­ic pro­ced­ure or pro­ced­ures for bring­ing “opt-in” class ac­tions?  If so, please out­line such pro­ced­ure(s) and...
Comparable
26/01/2021
Po­land – a more than 20 mln fine for mis­selling life in­sur­ance-based in­vest­ment...
On 13 Janu­ary 2021 the Pres­id­ent of the Pol­ish Of­fice of Com­pet­i­tion and Con­sumer Pro­tec­tion (“OC­CP”) is­sued a de­cision im­pos­ing a fine of more than PLN 20 mln on a Pol­ish life in­surer (“In­surer”)...
05/01/2021
PRICL - a game changer in the re­in­sur­ance world?
Al­though the “club at­mo­sphere” around re­in­sur­ance has been dis­turbed in re­cent years due to a surge in re­in­sur­ance dis­putes and the reg­u­lat­or’s en­hanced ini­ti­at­ives to boost con­tract cer­tainty1...
14/04/2020
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...
16/03/2020
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...
05/11/2019
CMS ad­vises P4 in a suc­cess­ful dis­pute with the Of­fice of Com­pet­i­tion and...
CMS has suc­cess­fully ad­vised the tele­com­mu­nic­a­tions op­er­at­or P4 in lit­ig­a­tion with the Of­fice of Com­pet­i­tion and Con­sumer Pro­tec­tion con­cern­ing the in­tro­duc­tion of mo­bile TV in the years 2008-2010. On...
14/02/2019
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...
16/07/2018
New pro­mo­tions at CMS
CMS Po­land has nom­in­ated two new coun­sels: Michał An­druszkiewicz from the en­ergy prac­tice and Ra­fał Kluziak from the M&A team. Both nom­in­a­tions be­came ef­fect­ive on 1 Ju­ly 2018.“Our coun­sels have been...
25/06/2018
CMS Part­ners ap­poin­ted to the IC­C's In­ter­na­tion­al Court of Ar­bit­ra­tion
We are proud to con­grat­u­late Małgorzata Surdek (Man­aging Part­ner, CMS Po­land and CEE Head of Dis­putes) and Dorothee Ruckteschler (Part­ner, Ger­many and Head of the CMS In­ter­na­tion­al Ar­bit­ra­tion Group)...
04/06/2018
CMS ad­vises Gen­er­ali on the ac­quis­i­tion of Con­cor­dia Ubezpieczenia
CMS is ad­vising Gen­er­ali, one of the world’s largest in­sur­ance groups, on the ac­quis­i­tion of en­tit­ies from the Con­cor­dia Ubezpieczenia group. Un­der the con­cluded pre­lim­in­ary agree­ments, the Gen­er­ali...