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Jan Markiewicz, Ph.D.

Associate
+48.22.653.4229
Fax +48.22.653.4250
Jan Markiewicz is an advocate and member of the Dispute Resolution team in the Warsaw office of K&L Gates.

In his practice he specializes in representing businesses before state courts and arbitration tribunals in disputes pertaining to commercial contracts and construction projects, as well as in enforcement and insolvency proceedings. Jan has extensive experience in representing clients in matters related to torts of unfair competition.

Professional Background

Prior to joining K&L Gates, Jan Markiewicz practiced in the litigation and arbitration departments of one of the biggest Polish law firms. In 2014 he was also an international arbitration intern for a London law firm.

Publications

  • “Restriction of access to the market as a prerequisite to torts of unfair competition of collecting fees other than the commercial margin for accepting goods for sale,” Jagiellonian University Scientific Journal [Zeszyty naukowe Uniwerystetu Jagiellońskiego], December 2014.
  • “Meaning and role of the term ‘commercial margin’ under s. 15 ss. 1 (4) of the Combatting Unfair Competition Act 1993,” Law, Economical and Social Review [Przegląd prawniczy ekonomiczny i społeczny], August 2014.

  • Representing a Polish employer in an arbitration initiated by a Spanish contractor over failed construction of a combined cycle power plant in Poland (EPC contract).
  • Representing a Polish insurance company in litigation initiated by a Polish bank in relation to a failed investment in a plywood factory in Siberia.
  • Representing a Spanish group of construction companies in litigation against Polish State Railways (employer) regarding delays, extension of time for completion of works (EoT), EoT-related financial claims, costs related to disruption, acceleration and errors in design (FIDIC Red Book contract).
  • Advising a general contractor with respect to arbitration and litigation initiated by employers regarding financial claims arising out of construction of pioneering installations for the desulphurization of exhaust fumes in two power plants in Poland (EPC contracts).
  • Advising an operator of wind power plants in Poland with respect to a dispute with its principal customer over the interpretation of terms of contract for the sale of energy and ‘green certificates’ (following regulatory change).
  • Advising a Spanish group of construction companies in relation to claims against Polish Highway Administration (employer) regarding costs of variations and adjustments (FIDIC Yellow Book contract).
  • Representing a Spanish construction company in a series of litigations against Polish State Railways (employer), its insolvent Czech subcontractor and further subcontractors regarding financial arrangements following rescission from contract (FIDIC Red Book contract).
  • Advising a Spanish construction company in day-to-day management of claims against employer - Polish State Railways (FIDIC Yellow contract).
  • Representing two leading German retail chains before Polish state courts and arbitral tribunals in over 40 cases brought by their suppliers for the return of the so called ‘slotting fees’, i.e. ‘fees other than commercial margin for accepting goods for sale,’ prohibited by the Combatting Unfair Competition Act 1993.
  • Representing a global manufacturer of heat processing furnaces in litigation initiated by a purchaser in relation to delays in delivery of equipment.
  • Representing a leading Polish manufacturer of waste containers in litigation against its former agent for Germany, Austria and Switzerland over scope of commission.
  • Pre-trial advisory for a South Korean telecommunications company in a dispute with a local government unit in Poland over settlements related to development of a broadband internet network.
  • Representing a leading international steel producer in arbitration against Italian developer over an agreement for the sale of real estate in Poland.
  • Advising a Danish beer producer in arbitration over the acquisition of two breweries in Poland.
  • Advising a German construction company in a dispute with employer related to the construction of wind power plant in Poland.
  • Advising a South European state in proceedings before Polish courts aimed at vindicating assets invested in a failed commercial undertaking in the construction industry (production of cement).