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Rafał Morek, PhD

Partner
Head of Arbitration, Poland

Portrait ofRafal Morek

Rafał Morek, PhD

Partner
Head of Arbitration, Poland

Contact
CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Varso Tower
Chmielna 69,
00-801 Warsaw
Poland
Languages English

Dr Rafał Morek is an advocate and partner in the CMS Dispute Resolution department. He is registered as an advocate in Poland (District Bar Council in Warsaw) and also as a foreign lawyer by the Law Society of Scotland.

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

Dr Morek 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 as a member of Dispute Adjudication Boards (DABs). He is 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). 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 part-time adjunct professor 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. 

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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.
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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.
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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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Expertise

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15/09/2024
CMS - Meet our experts at International Bar Association (IBA) Annual Conference
Located between the USA and South America, Mexico has a rich history and is the largest Spanish-speaking country in the world. With a population of almost 130 million, a rich cultural history and diversity, and abundant natural resources, Mexico is the world's 11th largest economy and a significant financial centre in the Americas. Mexico City is home to a diverse range of businesses across multiple industries. The city is a significant financial centre, and is the headquarters for many international businesses, banks and financial institutions. It is also home to a thriving technology industry, with start-ups and established tech companies in the city. Located at the crossroads of the Americas and taking place in such a bustling economic and financial centre, Mexico City will be an exceptional host for the IBA Annual Conference. CMS lawyers are pleased to be attending. Below you can find an overview of our partners attending the IBA Annual Conference, representing a range of jurisdictions, practice areas and sector specialisms. To arrange a meeting, please contact Mariana Calvo mariana. calvo@cms-wll. com and copy Melania Kozyra Melania. Kozyra@cmslegal. com and Jorge Almeida jorge. al­meida@cmsleg­al. com
Event Legal
13/09/2024
International arbitration law and rules in Poland
The changes to the Polish Code of Civil Procedure (“Kodeks postępowania cywilnego”) introduced in late 2019 resulted in commercial disputes in state courts being more formalistic and restricted for...
Expert Guide Dispute Resolution
23/07/2024
CMS International Disputes Digest – 2024 Summer Edition
Welcome to the Summer 2024 edition of the International Disputes Digest, our bi-annual publication exploring the latest trends and solutions to the challenges facing global business. Those challenges include the continuing war against Ukraine and in the Middle East, in addition to others such as climate change and Artificial Intelligence. In this edition, our experts in Brazil explain the impact of AI on resolving disputes and why robots will not replace arbitrators anytime soon. Separately, our colleagues in the Netherlands describe how Dutch litigation is leading the way in making both governments and companies accountable for policies resulting in climate damage, and how this litigious trend is defending biodiversity. The case of the Sultan of Sulu and how the passage of time in arbitration agreements might affect the integrity of an arbitration clause is the topic of analysis by our experts in Paris. We also consider the envisaged changes to the 7th edition of the SIAC Rules, a hot off the press analysis of the recently published 2024 IBA Guidelines on Conflict of Interest in International Arbitration, and our 2024 UK Banking Disputes Report, amongst other topics. We hope that you will enjoy reading these articles and please do contact the authors if you have queries in relation to them.
Publication
17/05/2024
CMS International Construction Study 2024
CMS, in partnership with YouGov, asked in-house lawyers about the biggest challenges of managing disputes in this environment - and how those challenges can be met. We asked them about project risks, ESG factors and the use of AI in managing their transactions. Download the report to see what is keeping in house lawyers in construction businesses up at night, and how they see their risk landscape changing over the next few years.
Publication