Experience
Maciej is a skilled advocate who practices in all areas of Polish and international law, specifically focusing on arbitration and litigation. He co-leads the litigation and arbitration practice at DWF Poland and has successfully represented clients in some of Poland's most significant litigation cases.
He has also represented the Republic of Poland in multiple investment arbitration proceedings (BIT) and has provided counsel to major international companies regarding investment disputes. Maciej has extensive experience advising clients in arbitration proceedings based on the rules of renowned international institutes such as the ICC, SCC, VIAC, and UNCITRAL.
Additionally, a significant portion of his practice involves construction disputes, and he has authored various pieces on construction law and implementing FIDIC conditions. He has advised clients in diverse industries, including large mergers and acquisitions. Maciej has also advised major Polish companies on energy investment projects, including work on several gas-fired power plants for the country's leading oil and gas company.
He has frequently served as an arbitrator in international commercial disputes and was the President of the Polish National Committee of ICC from 2012 to 2018. He was also the Vice-Chairman of the Arbitral Council at the Polish Chamber of Commerce in Warsaw from 2019 until 2021.
Currently, Maciej is a Member of the ICC Court of International Arbitration and a Fellow at the Chartered Institute of Arbitrators (CIArb).
He has consistently received recognition from Chambers & Partners and Legal500, including being recognized in Band 1 with the "Most in demand arbitrators" title for many years.
Memberships
- Advocate - The Warsaw Bar Association
- Member of the Polish Arbitration Association
- Arbitrator at The Polish Lewiatan Court of Arbitration
- Recommended Arbitrator at the Court of Arbitration at the Polish Chamber of Commerce in Warsaw
- President of the Board of the Polish National Committee of the ICC (2012 - 2018)
- Vice-Chairman of the Arbitral Council at the Polish Chamber of Commerce in Warsaw (2019-2021)
- Member of the ICC International Court of Arbitration (current)
- Member of the International Council for Commercial Arbitration (ICCA)
- Fellow of the Chartered Institute of Arbitrators (FCIArb)
- Member of the Arbitration Association of Central and Eastern Europe (CEEArb)
- Member of the LCIA Users’ Councils
Testimonials
Who's Who Legal - Arbitration 2023 – Global Leader
Chambers and Partners Global 2023 - Dispute Resolution
Chambers and Partners Global 2023 - Dispute Resolution: Arbitration
Maciej Jamka is best recognised for his work as an arbitrator and he also acts as arbitration counsel. He additionally handles litigation instructions, including proceedings in relation to the enforcement of arbitral awards. Maciej Jamka is particularly experienced in cases relating to construction matters.
Legal 500 EMEA 2023 - Dispute Resolution
"The availability and awareness of Maciej Jamka of all the aspects of the procedure is exceptional. I was amazed by his ability to delegate, trust his associates while being fully aware of the topics and able to step in if the situation would require to. His experience and ability to listen to the clients makes him an exceptional partner."
Recent Cases
- Co-arbitrator in the ICC case regarding the major long-term supply of coal contract.
- Co-arbitrator in the row of cases (3) regarding the investment of public (EU) funds in venture capital projects.
- Successful representation of a French company in the ICC proceeding against a multinational corporation with regard to a failed M&A transaction and claim for $30M for the contractual penalty.
- Co-arbitrator in case of a dispute with regard to the long-term lease of the loading quay in the commercial port in Poland.
- The president of the arbitration tribunal in an ad hoc (UNICITRAL) case in the dispute regarding the failed M&A transaction.
- Co-arbitrator in the case ICC case regarding enforcement of the contract in the context of the major takeover of a stock exchange company.
- Representation of a Polish employer in the case against a Spanish contractor with regard to the construction of a gas-fired power plant in the south of Poland.
- Advising a multinational exploration company on treaty-relate claims against a Central European state relating to an investment in the mining sector.
- Representing Luxembourg investors in cases relating to adverse changes in the regulatory environment in the renewable energy sector.
- Representation of the Republic of Poland in investment treaty arbitration and the settlement of an agreement with Eureko B.V., a Dutch insurance company, related to a dispute over privatization of PZU, the largest CEE insurance company.
- Representing the Republic of Poland in an arbitration against Spanish investors, relating to revocation of a tax exemption
- Representing the Republic of Poland in the case David Minnotte and Robert Lewis vs. Republic of Poland (ICSID Case No. ARB(AF)/10/1), relating to an investment in the pharmaceutical sector.
- Representing the Republic of Poland in the case Vincent J. Ryan, Schooner Capital LLC et al vs. Republic of Poland (ICSID Case No. ARB(AF/11/3), relating to an investment in the vegetable fat industry.
- Representing the Republic of Poland in arbitration against Dutch investors relating to a regulatory change in the entertainment sector.
- Representing the Republic of Poland in an arbitration against a Luxembourg company relating to an investment in a real estate development company.
- Representing a Central European State in a dispute against two Luxembourg companies under an investment promotion and mutual protection agreement concerning supervisory activities in respect of a commercial bank.
- Acting for one of the largest construction companies in Poland in connection with arbitration proceedings conducted by the International Court of Arbitration ICC in Paris against a major player in the international water industry.
- Representing the Republic of Poland in arbitration proceedings brought by US investors under the treaty of business and economic relations between the Republic of Poland and the United States of America. The case ended in a judgment in which the Court of Arbitration rejected all claims of the plaintiffs and awarded in favour of the Republic of Poland the amount of US $ 1,217,741.29.
- Representing one of the world's largest construction and engineering companies in litigation concerning a project for the construction of the first liquefied natural gas terminal (LNG) in Świnoujscie in Poland.
- Representation of one of the largest global companies in the food industry in arbitration proceedings conducted by the International Court of Arbitration ICC in Paris on an asset purchase agreement.
- Advice to two Portuguese companies in a dispute against the General Directorate of Motorways and Highways in an ICC arbitration conducted in Warsaw relating to a dispute valued at EUR 50 million.
- Representing a leading international mobile phone operator with regard to the acquisition of a controlling stake in a Polish mobile operator. Subsequently, the work turned into an international arbitration on the pre emption rights to the stocks in a Polish company.
- Representing a top-three international car manufacturer with regard to the establishment of car production facilities in Poland and a number of car component factories in Poland. The work included privatization projects, private acquisitions, and greenfield operations.
- Acting for a number of Polish banks with regard to their internal regulations, obligatory reserves, payment card regulations, and bank account regulations.
- Involvement in the legal aspects of financing the largest gas pipeline project in Europe.
- Counselling for one of the largest broad band suppliers in Poland and involvement in a number of smaller projects connected with telecommunications, software, and the Internet.
- Representing a leading international real estate investment fund with regard to the acquisition of commercial centres in Poland.
- Acting for a major international financial institution with regard to the construction of its new headquarters in Poland. The project encompassed the entire process, from selecting a developer to the delivery of the premises.
- Representing a leading international FMCG producer in international arbitration regarding a joint venture agreement.
Articles
- "Is the Conclusion “the Tribunal did what it did with what it had” Enough? Comments on Nigeria v P&ID", Kluwer Arbitration Blog (December 23, 2023)
- Maciej Jamka, Patrycja Treder a Łukasz Gembiś "How to effectively claim indirect costs related to extensions of time in construction contracts?" Konsultant – SIDIR’s (the Polish Consulting Engineers and Experts Association) Magazine, (November 20220)
- "International arbitration during tectonic political transformations."(September 2023)
- Maciej Jamka, Patrycja Treder a Łukasz Gembiś "Force Majeure in the execution of construction contracts" Konsultant – SIDIR’s (the Polish Consulting Engineers and Experts Association) Magazine, November 2022
- "ISDS - Investor-State Dispute Settlement - must the dinosaur die out?" LinkedIn September 2022