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Rafal Morek
Partner

Rafał Morek, PhD

Head of Arbitration, Poland

Languages
  • English

Rafał Morek is an advocate and partner who heads the Arbitration Team in the Dispute Resolution practice at CMS in Poland. He is registered as an advocate in Poland (at the Warsaw Bar Association) and as a foreign lawyer with the Law Society of Scotland.

He specialises in dispute resolution, especially arbitration and mediation, as well as in infrastructure investments and construction law.

He has taken part - as an arbitrator or attorney-in-fact - in over 100 proceedings conducted in accordance with the rules of ICC, ICSID, SCC, VIAC, CAS in Lausanne, SA KIG, Lewiatan, UNCITRAL and others. He is also a mediator and a mediation coach, and often acts as a negotiator or member of Dispute Adjudication Boards (DABs). He is Chairman of the ICC National Arbitration Committee in Poland and Vice-President of ICC Poland. He is a regular arbitrator and former Vice-Chairman of the Arbitration Council of the Court of Arbitration at the Polish Chamber of Commerce, an officer of the Arbitration Committee of the International Bar Association, and a member of the Arbitration Council of the German Arbitration Institute (DIS).

His construction practice focuses on advising on infrastructure projects, including risk management and dispute avoidance. He advises investors, contractors, designers and consultants at all stages of the investment process. He is a member of FIDIC Task Group 15, and a co-author of “FIDIC Golden Principles” (2019).

He is recommended by internationally recognised rankings Chambers Global and Chambers Europe (Dispute Resolution and Arbitration), The Legal 500 (Dispute Resolution), and Who’s Who Legal (Arbitration: Global Leader, Thought Leader). He is also recognised as a Market Leader in the categories of International Disputes (2019) and Arbitration and Mediation (2022) by the “Rzeczpospolita” daily.

Rafał is a researcher at the Faculty of Law and Administration of the University of Warsaw and the author of numerous publications on private and comparative law. He has given guest lectures as a visiting lecturer at foreign universities.

Relevant experience

  • An entity belonging to a Scandinavian financial group in an ICC arbitration concerning the sale of assets in a CEE country (one of the largest merger and acquisition transactions in the financial sector in the CEE region).
  • An infrastructure conglomerate in a VIAC arbitration concerning the construction of a cross-border gas transmission network.
  • A construction company in an ICC arbitration concerning a new waste-to-energy power plant in a Baltic country.
  • A real estate fund in a UNCITRAL arbitration concerning consequences of the acquisition of an office property complex in connection with the aftermath of the COVID-19 pandemic.
  • One of the largest manufacturers in the defence sector in the Central Europe in an ICC arbitration concerning an R&D project pertaining to a military equipment.
  • A CEE-based company in an ICC arbitration against a former consortium member in connection with a major infrastructure project for a wastewater treatment plant under the FIDIC Red Book (1999).
  • Emergency arbitrator in a matter regarding construction of a major warehouse facility and real estate property law issues.
  • Sole arbitrator in an arbitration pertaining to a contract regarding rights to broadcasting of football matches.
  • Sole arbitrator in an arbitration between three French, German and Czech companies regarding termination of their long-term cooperation in the automotive sector.
  • The Republic of Poland in the case Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v. Republic of Poland (ICSID Case No. ARB(AF)/11/3), relating to an investment in the food industry and tax authorities’ actions, decided by the arbitral award dated 24 November 2015 (publicly available).
  • A foreign investor in the renewable energy sector against an EU Member State in a SCC arbitration under the Energy Charter Treaty.
  • Counsel in proceedings before the Supreme Court, the common courts, and the National Commission for Examination of Railway Accidents concerning train collisions involving trains carrying high-risk hazardous and explosive goods.
  • Defence attorney in a criminal case involving an allegation of misappropriation of the authorship of an IT application available to users in over 80 countries worldwide.
  • Mediator in a cross-border dispute pertaining to the sale of production facilities in Slovakia, Mexico and Poland.

Memberships & Roles

  • Warsaw Bar Association of Advocates.
  • Arbitration Council of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw (Vice-Chairman).
  • Arbitration Committee of the International Bar Association.
  • Council of the German Arbitration Institute (DIS).
  • FIDIC Task Group 15B.
  • EFCA Green Deal Committee.

Education

  • Doctor of Law, University of Warsaw.
  • LL.M. Law & Technology, University of Ottawa.
  • Faculty of Law and Administration, Master of Laws, University of Warsaw.
  • Faculty of Political Science and International Studies, Master in International Relations, University of Warsaw.
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