• Share
  • Email
  • Print

Maria Kierska

Associate
+48226534312
Fax +48.22.653.4250
Maria Kierska is an advocate member of the dispute resolution team in the K&L Gates office in Warsaw. She focuses on dispute resolution before the common courts and arbitration tribunals concerning company law, commercial and construction contracts, liability for damages, interim measures and enforcement proceedings, as well as negotiations and commercial mediation. Maria is a PhD candidate at the Jagiellonian University of Krakow, where her main areas of research concern international commercial arbitration, private international law, European Union law, company law, and civil procedure.

Professional Background

Prior to joining the firm, Maria Kierska served as an attorney trainee for the Krakow District Bar Council where she represented parties in court proceedings, concerning mainly civil and commercial law; unfair contract terms, construction and shareholder disputes, as well as assisted parties in negotiations and mediations. She was also involved in proceedings before the European Court of Human Rights.

Achievements

  • Jagiellonian University Dean’s scholarship for the best PhD candidates, 2014-2018
  • Best Oralist Award in The Program in European Private Law for Postgraduates, 2018
  • Jagiellonian University Team’s Coach during the 8th - 11th ICC International Commercial Mediation Competition, 2013 -2016; Team won 8th edition (2013)
  • Helped the National University of Singapore Team to prepare for the ICC Asia-Pacific Commercial Mediation Competition, 2017, Team won
  • Special Award for the Best Cooperation with the Mediator in the 7th ICC International Commercial Mediation Competition, 2012
  • Finalist in the Competition for The Best Master Thesis on Company and Trade Law, organized by Przegląd Prawa Handlowego, 2012
Additional Education
  • The Programin European Private Law for Postgraduates, organized by the Universities of Cambridge, KL Leuven, Münster, Genova, Max-Planck Institute, Bucerius Law School, 2017-2018
  • National University of Singapore, Faculty of Law, doctoral research, 2017-2018
  • ICC Arbitration and ADR Training Program, Jagiellonian University, 2014-2015

Speaking Engagements

  • Speaker, Interim Measures of protection in international commercial arbitration - what is new?, The Program in European Private Law for Postgraduates, Leuven, March 22, 2018
  • Speaker, Anti-suit injunctions in aid of arbitration proceedings, 7th International Conference on Comparative Law: Evolution of Law?, Warsaw, June 9, 2017
  • Speaker, Enforcement of the Emergency Arbitrator’s Decisions - Global Trends and Polish Perspective, New Fields. New Forms. New Voices - ADR Soapbox and Conference, Krakow, October 16, 2015
  • Speaker, European order for payment - appeal procedure, International Conference on Specifics of the Civil Procedure, Krakow, May 25, 2015
Publications
  • Enforcement of Emergency Arbitrators’ Decisions Under Polish Law, Polish Yearbook of International Law, vol. XXXVI, 2017, pp. 231-244
  • Third Party Funding in International Arbitration - Legal Problems and Global Trends with a Focus on Disclosure Requirement, Zeszyty Naukowe Towarzystwa Doktorantów UJ, No. 19(4)/2017, pp. 63-80
  • Anti-suit injunctions issued by common law courts, Kwartalnik ADR, No 4(40)/2017, pp. 37-55
  • Anti-suit injunctions in the light of Europeanisation of private international law, Przegląd Prawa Handlowego No. 6/2017, pp. 4-16
  • Anti-suit injunctions issued by arbitral tribunals, Kwartalnik ADR No. 2(38)/2017, pp. 77-90
  • Enforcement of emergency arbitrator’s decisions - legal problems and global trends, Kwartalnik ADR No. 1(33)/2016, pp. 27-38
  • The ne bis in idem principle under judgments of European Court of Human Rights, Monitor Prawniczy No. 21/2015, pp. 1145-1153
  • Critieria for granting interim measures of protection in commercial arbitration, Przegląd Prawa Handlowego No. 3(283)/2016, pp. 51-59
  • Enforcement of mediation settlements in light of mediation confidentiality, Zeszyty Naukowe KUL, No. 2(57)/2014, pp. 67-79
  • Member of a team representing a minority shareholder in a dispute concerning the annulment of a shareholders' resolution.
  • Member of a team representing a construction company in a dispute arising out of a construction contract concerning contractual penalties, damages, payment for additional works, as well as in accompanying proceedings for interim measures of protection.
  • Representing a construction company in a dispute concerning damages for a defect in the object of the lease agreement and rent reduction, as well as in accompanying proceedings for interim measures of protection.
  • Member of a team representing a shareholder in a dispute concerning the division of assets of a dissolved company.
  • Member of a team representing a Client in proceedings concerning the direct effect of an EU directive in order to protect the rights of an individual.
  • Member of a team representing an automotive industry company in proceedings concerning competition and consumer protection.
  • Member of a team representing Clients in proceedings before the European Court of Human Rights concerning violations of the right to: property and peaceful enjoyment of possessions, a fair trial, an effective remedy before national courts, respect for private and family life.
  • Member of a team providing legal services for an automotive and heavy- duty trucks and vehicles industry companies in daily operations, including representation in court proceedings concerning sales agreements, warranty claims and claims for an under or non-performing product.