Provided by Beata Gessel-Kalinowska vel Kalisz
Beata is a founding partner, recognised international arbitrator, she has decided more than 150 cases in domestic and international arbitration (conducted under ICC, SCC, VIAC, LCIA, UNCITRAL, FCC, IAA, SCAI, Lewiatan, KIG, NDS, SIDiR rules) in the fields of mergers and acquisitions, construction, energy law and international commercial contracts.
She combines her career as an arbitrator with her academic activities. In 2023, she was appointed to the Scientific Council of the Institute of Legal Sciences of the Polish Academy of Sciences.
She has given guest lectures at, among others, Stockholm University, Humbolt University, University of Leicester, Queen Mary University London, and the Virtual Diploma in International Commercial Arbitration of the Royal Institute of Arbitration in London (CIArb).
Member of advisory bodies and working groups of the world’s largest arbitration institutions: the ICC Committee on Arbitration and ADR, the SCC Arbitrators’ Council, the ICDR/AAA ICDR Rules Revision Task Force and the International Bar Association Council Task Force for the revision of the IBA Guidelines on Conflicts of Interest in International Arbitration. Chair of the Audit Committee of the Polish Private Equity Association (PSIK), member of the Board of Directors of the Polish Arbitration Association.
Arbitral Award during the Pandemic. Permissibility of Contemporary Electronic Forms, Przegląd Prawa Handlowego 2020/7, p. 24-31
Admissibility of Electronic Awards in the UNCITRAL Model Law Jurisdiction: Polish Law Example, Journal of International Arbitration, Volume 38, Issue 2
Legal interest in a claim for declaratory relief before an ADR tribunal – Commentary to the National Chamber of Commerce Arbitration Court judgment SA 193/05, Jubilee volume dedicated to Prof. Andrzej Kidyba, Wolters Kluwer 2020, s. 777-787
The Legal, Real and Converged Interest in Declaratory Relief, Kluwer Law International 2019
The Concept of Legal Interest in Declaratory Relief and Access to Justice Problem: an Introduction to the Discussion. Analysis of the Statistical Data*, [in:] Przegląd Prawa Handlowego 1 (317)/2019
Beata Gessel-Kalinowska vel Kalisz, Joanna Kisielińska-Garncarek, Arbitrability of a Dispute Concerning Exclusion of a Shareholder from a Limited Liability Company. Commentary on Decision of the Court of Appeal in Katowice of 15 December 2016, V ACz 1309/16*, Glosa 1(171)/2019
Gessel-Kalinowska vel Kalisz, K. Czech, The Role of Precedent in Investment Treaty Arbitration [in:] Investment Treaty Arbitration Review (ed. B. Legum), London 2018
On usefulness of distinguishing the branch ‘corporate finance law’ in the field of commercial law [in:] Private Law Dissertations. Liber Amicorum to Professor Wojciech Popiołek*, Wolters Kluwer 2017
European mixed jurisdiction of the new era – Polish law evidence, the European Review of Private Law, publication in process
UNCITRAL Model Law: Composition of the Arbitration Tribunal Re-considering the Case upon Setting Aside of the Original Arbitration Award’. Journal of International Arbitration 34, no. 1 (2017)
Repeal of the arbitral award and the composition of the arbitration court in the case of retrial [in:] Usus Magister Est Optimus. Rozprawy prawnicze ofiarowane Profesorowi Andrzejowi Kubasowi (Usus Magister Est Optimus. Legal hearings offered to Professor Andrzej Kubas), Beata Gessel-Kalinowska vel Kalisz, CH Beck 2016
Arbitration court proceedings. Commentary to the Lewiatan Arbitration Court Rules*, ed. Beata Gessel-Kalinowska vel Kalisz, Wolters Kluwer 2015
Evolution of interim measueres as an example of the judicalisation of 21st century international commercial arbitration [in:] The challenges and the future of commercial and investment arbitration (ed. Beata Gessel-Kalinowska vel Kalisz), Warsaw 2015
Written form of the arbitration agreement as a form for evidentiary purposes*. [in:] Państwo i Prawo, 12/2015
A Defect of the Enterprise as a Defect of a Share – One of the Dilemmas of M&A Transactions (Polish law perspective) [in:] Global Wisdom on Business Transactions, International Law and Dispute Resolution, CH Beck 2015
Chapter Lewiatan Court of Arbitration [in:] World Arbitation Reporter (WAR) 2 nd Edition. International Institutions
Polish Arbitration Law (ed. Beata Gessel-Kalinowska vel Kalisz), Warsaw 2014
Representations and Warranties in Cross-Border Mergers and Acquisitions:The Challenges of Cultural Diversity, ICC International Court of Arbitration Bulletin, Vol. 24/Number 1-2013, June 2013
Perception of the practices followed in the field of the confidentiality obligation in arbitration [in:] Arbitration E-Review No. 2-3(10-11)/2012, January 2013
Normative basis of confidentiality principle in Polish commercial arbitration*n [in:] Przegląd Prawa Handlowego No. 1(245), January 2013
CEE Overview Chapter [in:] The International Comparative Legal Guide to International Arbitration 2012. A practical cross-border insight into international arbitration work. Global Legal Group Ltd. and Commercial Dispute Resolution (CDR), London 2012
New Rules of the Lewiatan Court of Arbitration . Co-author of a Chapter in YAR – Young Arbitration Review, April 2012
Chapter “Poland” [in:] The International Comparative Legal Guide to: International Arbitration 2011. A practical cross-border insight into international arbitration work. Global Legal Group Ltd. and Commercial Dispute Resolution (CDR), London 2011
Solving corporate disputes in arbitration proceedings [in:] Arbitration in Poland (ed. Beata Gessel-Kalinowska vel Kalisz), Warsaw, 2011
The European Parliament draft Resolution on Brussels I: A return to the pre-West Tankers era? Arbitration e-Review, No. 4 (7)/2011
Class Action Arbitration* . Chapter in the book commemorating 60 th Anniversary of the Arbitration Court at the Polish Chamber of Commerce. Warsaw, 2010
Legal Character of Representations and Warranties in a Limited Liability Company Share Purchase Agreement (in Light of the Freedom of Contract Principle)* , WoltersKluwer, Warsaw 2010
Distinct Evidentiary Proceedings in Cases Heard by Alternative Dispute Resolution Tribunals* [in:] ADR Arbitraż i Mediacje, Beck, Poland, 2010
Conflicts of interests involved where arbitrators are members of law firms [in:] International and Domestic Commercial Arbitration at the Outset of the 21 st Century. The Commemorative Book to Honor dr. hab Tadeusz Szurski*, 2008
Capital share in a limited liability company as a subjective right*, Przegląd Prawa Handlowego No. 5 (189) May 2008
Mergers and Acquisitions: Don’t Buy a Pig in a Poke* [in:] Law at 2008 Company, Harvard Business Review, Poland, Supplement, March 2008
Law studies at the Faculty of Law and Administration of the University of Warsaw
Master of Arts
1989
Legal sciences at the Stefan Kardynał Wyszyński University in Warsaw
PhD
2008
Legal sciences at the Stefan Kardynał Wyszyński University in Warsaw
SDc.
2021
Arbitration proceedings - Arbitrator
Cases from the construction sector
International consortium of companies vs. a Polish company
Presiding Arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), implementation of a road investment.
Polish entity from energy sector vs. International engineering and construction company
Side arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), construction contract.
Polish Consortium, construction and mechanical engineering companies operating in the energy sector vs Polish group of companies operating in the oil sector
Side arbitrator, Lewiatan Court of Arbitration, execution and implementation of an infrastructure project.
Local government entity vs. Polish construction company
Side arbitrator, Court of Arbitration at the Association of Consulting Engineers and Appraisers (SIDiR), construction contract.
International construction consortium vs. Polish company, operating in the energy sector
Side arbitrator, ICC International Court of Arbitration, engineering and construction contract.
Polish company, member of French consortium vs. Polish developer
Side arbitrator, ICC International Court of Arbitration, construction contract.
International construction consortium vs. Romanian state-owned company operating in the energy sector
Side arbitrator, ICC International Court of Arbitration, FIDIC contract.
Polish special purpose company in the energy sector vs. International engineering and construction company in the energy sector
Side arbitrator, Court of Arbitration at the National Chamber of Commerce, construction contract
International consortium, specialising in infrastructure management, renewable energy, water and services vs. Polish company from the energy sector
Side arbitrator, Court of Arbitration at the National Chamber of Commerce (KIG), construction contract.
German investment fund vs. Developer
Presiding arbitrator, Ad hoc arbitration, Performance of sales contract, defects in building.
European onshore drilling contractor vs. Geothermal energy investor
Presiding arbitrator, ICC International Court of Arbitration, Drilling project.
Polish crane supplier vs. Polish engineering company
Presiding arbitrator, Lewiatan Court of Arbitration, construction contract.
Polish listed construction company vs. Polish company
Side arbitrator, Court of Arbitration at the National Chamber of Commerce (KIG), FIDIC contract, road construction.
International developer, constructor and operator of wind farms vs. Polish electricity producer and supplier
Presiding arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), contractual penalties.
International construction consortium vs. Polish company
Presiding arbitrator, ad hoc arbitration, FIDIC contract, motorway construction contract.
Polish construction company vs. Polish construction contractor
Sole arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), construction works.
Polish company providing engineering and consulting services to the energy and industrial sectors vs. General contractor for energy projects
Presiding arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), design work in connection with a power plant.
Polish company vs. German subsidiary of a European construction company specialising in civil engineering
Lateral arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), construction of a breakwater.
Polish construction contractor vs. Polish construction company
Presiding arbitrator, Court of Arbitration Lewiatan, construction of a residential complex.
Polish listed construction company vs. Polish company
Expert, ICC International ADR Centre, interpretation of road construction and operation contract.
M&A cases
Spanish green energy company vs. Polish green energy company
Presiding arbitrator, Court of Arbitration at the Polish Chamber of Commerce (PCC), post-transaction dispute, price adjustment.
Polish joint-stock company, alcohol distributor vs. European distributor and supply chain management company
Lateral arbitrator, Lewiatan Court of Arbitration, dispute concerning breach of warranty of an M&A transaction
Provided by Chambers
Beata Gessel-Kalinowska vel Kalisz is a top-ranked arbitrator who has experience in commercial arbitration proceedings in the Polish arbitral institutions as well as under ICC rules. She has further experience in UNCITRAL proceedings.
Provided by Chambers
She is always ready to propose innovative solutions to the issues that arise in the course of the proceedings.
She is an inspiring figure, extremely clever and resourceful. She provides timely solutions.
She is always ready to propose innovative solutions to the issues that arise in the course of the proceedings.
She is an inspiring figure, extremely clever and resourceful. She provides timely solutions.
