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Maciej Jamka

Administrative Partner (Warsaw)
+48.22.653.4204
Fax +48.22.653.4250
Maciej Jamka is an advocate practicing in all areas of Polish and international law, with particular emphasis on arbitration and litigation. He is the head of the litigation and arbitration practice of the K&L Gates Warsaw office and has represented clients in some of the largest litigation cases in Poland. He has acted for the Republic of Poland in several investment arbitration proceedings (BIT) and major international companies in respect of investment disputes. He has counseled clients in arbitration proceedings based on the rules of major international institutes, such as the ICC, SCC, VIAC and UNCITRAL. A significant portion of Maciej Jamka's practice relates to construction disputes. He has authored a number of pieces regarding construction law and implementation of FIDIC conditions. He has advised clients on the acquisition of companies and assets in many industries, including on large mergers. Maciej Jamka is often appointed as an arbitrator in both local and international commercial disputes. He is the President of the Polish National Committee of ICC. For many years Maciej Jamka has been recommended by Chambers & Partners and Legal500. In 2017 he was recognized in Band 1 with the “Most in demand arbitrators” title.

Achievements

  • Awarded in 2015 by the President of the Republic of Poland with the Gold Cross of Merit
  • Who’s Who Legal 100 2014, Arbitration – Poland
  • The Legal 500 Europe, Middle East and Africa, Dispute Resolution– Poland: 2014-2017
    (Tier 1)
  • Chambers Global, Dispute Resolution – Poland: 2017 – 2009 (Band 2)
  • Chambers Europe, Dispute Resolution – Poland: 2017 – 2010 (Band 2); 2009 (Band 3)
  • Chambers Europe, Dispute Resolution - Most in Demand Arbitrators:2017 (Band 1); 2016 (Band 2); 2015 (Band 2); 2014 (Band 2)
  • The Legal 500 Europe, Middle East and Africa, Dispute Resolution and Real Estate – Poland/Dispute Resolution: 2013 (Tier 2); 2012 (Tier 3); 2011 (Tier 3); 2010 (Tier 2); 2009 (Tier 3); 2008 (Tier 3)
  • Chambers Global, Corporate/M&A – Poland: 2009 (Band 4); 2008 (Band 3)
  • Chambers Europe, Corporate/M&A – Poland: 2008 (Band 3)
  • European Legal Experts, Dispute Resolution – Poland: 2012
  • European Legal Experts, Corporate and M&A – Poland: 2009 – 2010

Professional/Civic Activities

  • Bar Association in Warsaw
  • Polish Arbitration Association
  • Arbitrator at The Polish Lewiatan Court of Arbitration
  • President of the Board of the Polish National Committee of the ICC
  • Member of the Russian Arbitration Association
  • Member of the ICC Institute of World Business Law

Additional Information

Selected Publications/Presentations
  • Moderator of the panel “Golden principles of FIDIC contract conditions of contract” at FIDIC – SIDiR – EFCA Regional Infrastructure Conference in Kraków (March 7-8, 2016)
  • “Rescission of public procurement contracts” lecture at SIDIR Conference "A new perspective of financing public procurement in construction projects" (December 7-8, 2015)
  • “Evidence comprising an expert opinion in the arbitration proceedings”, Arbitration Bulletin, No. 23/2015
  • Commentary in “End of chain stores” in Bloomberg Businessweek Polska (April 28, 2014)
  • “Exclusion of a proxy - a few remarks on the development of international arbitration based on IBA Guidelines regarding Representation of the Parties in International Arbitration”, Arbitration Bulletin, No. 21/2014
  • Commentary in Arbitration Bulletin published by lex.pl “We encourage disputes in the construction industry” (February 17, 2013)
  • Jamka Maciej, “What has happened to our construction industry?”, Rzeczpospolita (11.10.2013)
  • Jamka Maciej, Wojciechowska Agnieszka – Article to “The European & Middle Eastern Arbitration Review 2012” about arbitration on Poland
  • Jamka Maciej, Barczewski Artur, “Arbitration in Construction Matters – Selected Practice Issues” [in:] „Arbitration in Poland” edited by B. Gessel vel Kalisz (2011)
  • “Evidence in the Form of Witness Testimony in Domestic and International Arbitration Practice”, Memorial Publication for 60th anniversary of the Court of Arbitration of the Polish Chamber of Commerce (2011)
  • “Fiddling Around with Construction Contracts”, Rzeczpospolita (13-14.11.2010)
  • “Construction Contracts – Main Causes of Disputes”, Arbitration Bulletin, No. 10/2009
  • “Does public procurement law facilitate the occurrence of disputes in contracts concluded pursuant to FIDIC terms and conditions?” “Konsultant” Bulletin, Nr 19/2010
  • Jamka Maciej, Orzechowski Karol “Investor’s Consent to Conclude a General Constructor Agreement with a Subcontractor”, “Monitor Prawniczy” Biweekly Magazine 2009 no. 17 (2009)
  • I do not want to arrange a marriage”, Rzeczpospolita (13.09.2010)`
  • "Pole Position", The Lawyer (26.06.2008)
  • Arbitration is a Gentleman's Court”, Rzeczpospolita (24.06.2008)
  • Comparison Between The Old and The New Legal Order”, Workshop “The New Construction Law 2007 – What Has Changed? What are the Consequences?” (November 2007)
  • Course of the Arbitration Proceedings in the International Commercial Arbitration” (April 2007)
  • Neighbors’ Rights to Interfere in Construction. First Come, First Served”, Rzeczpospolita 2007 no. 297 (2007)
  • Predetermination of Contracts for Construction Works”, Monitor Prawniczy” Biweekly Magazine 2007 no. 16 (2007)
  • Jamka Maciej, Oles Wieslaw, “Regarding the New Project of the Securities Act”, Sam. Ter. 1995 no. 3 (1995)
  • The EU about Securities” [Re: Standpoint of the Polish Metropolis Union concerning the Securities Act Project], Wieslaw Oles, Aleksander Galos, Maciej Jamka, Wspolnota 1995 no. 8 (1995)
  • Bednarek Malgorzata, Jamka Maciej, Kordasiewicz Bogudar, “Mortgage”, Warsaw 1991, General News Agency (1991)
  • Gloss to resolution of the Supreme Court dated August 30, 1988, ref. III CZP 68/88. [Re: legal situation of tenant’s households], PiP 1990 no. 1 (1990)
  • Legal London”, PiŻ 1990 no. 51/52 (1990)
  • Cosmetic Surgery or Real Change? Criminal Law Reform”, Lad 1989 nr 11(1989)
  • 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 Swinoujscie in Poland.
  • 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 favor of the Republic of Poland the amount of US $1,217,741.29.
  • 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.
  • 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.
  • Acting for the Polish Government in connection with a dispute arising from a bilateral investment agreement with two companies in Luxembourg, on the liquidation of a commercial bank.
  • Representation of 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.
  • Representation of the Republic of Poland in connection with a dispute arising from an investment agreement before the International Court of Arbitration of the ICC in Paris.
  • Acting for 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.
  • Representation of 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.
  • Counseling 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.
  • Representation of a leading international real estate investment fund with regard to the acquisition of commercial centers 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.
  • Representation of a leading international FMG producer in international arbitration regarding a joint venture agreement.