• Share
  • Email
  • Print

Rafał Morek, Ph.D.

Partner
+48.22.653.4288
Fax +48.22.653.4250
Dr. Rafal Morek, advocate, is a partner in the K&L Gates’ Warsaw office, and a member of the global construction and international arbitration practices of the firm.

His construction practice is focused on advising on international and domestic infrastructure projects and disputes. He has acted for contractors, employers, designers and consultants on many different projects. He has extensive experience amending standard forms of contract to suit particular projects, negotiating contracts and advising with respect to their performance or termination. He is currently a member of the FIDIC Task Group 15 which is to propose the “FIDIC’ s Golden Principles” for the use of FIDIC Conditions of Contract and Agreements.

As an arbitrator or a counsel representing clients in arbitration, he took part in over 60 proceedings in accordance with the rules of ICC, ICSID, UNCITRAL, Court of Arbitration for Sport in Lausanne, PCC, Lewiatan and others. He is a certified mediator and a mediation trainer, and often also acts as a negotiator or a DAB member.

He is ranked by Best Lawyers (Arbitration and Mediation), Chambers Global and Chambers Europe (Dispute Resolution, Most in Demand Arbitrators and Real Estate & Construction), Legal 500, and Who's Who Legal (Arbitration: Lawyers and Future Leaders).

Dr. Morek is also an assistant professor at the Faculty of Law and Administration, University of Warsaw. He has authored several publications on dispute resolution, private and comparative law.

Achievements

  • Who's Who Legal Arbitration: Lawyers and Future Leaders
  • Best Lawyers, Arbitration and Mediation
  • The Legal 500 Europe, Middle East and Africa, Dispute Resolution – Poland: 2017-2009
  • Chambers Europe, Dispute Resolution – Poland: 2017-2012
  • Chambers Europe, Dispute Resolution – Most in Demand Arbitrators: 2017-2014
  • Chambers Europe, Real Estate including: Construction – Poland: 2016-2014
  • Foundation for Polish Science, Scholarship
  • University of Warsaw, Faculty of Law, Dean's Award for the Best Ph.D. Student
  • Edward Barry McDougall Memorial Scholarship (2004-2005)

Professional/Civic Activities

  • Visiting lecturer at the University of Ottawa, Canada (2010), the Mohylanian Academy in Kyiv, Ukraine (2013), Academy of European Law (ERA) in Trier, Germany (2013, 2015)
  • Part-time Assistant Professor, Co-Director and mediator, Center for Amicable Dispute Resolution at the Faculty of Law, University of Warsaw (since 2006)
  • Students team coach and supervisor at the University of Warsaw in international arbitration competitions - Willem C. Vis International Commercial Arbitration Moot Competition and Foreign Direct Investment Moot Competition
  • Member of the Board of the Court of Arbitration at the Polish Chamber of Commerce (since 2015)
  • Member of the Experts’ Board at the Minister of Economy for system solutions regarding amicable methods of settlement of business disputes (2013-2015)
  • Member of the task-force of the Codification Commission of the of Civil Law at the Minister of Justice (2012-2013) working on changes to civil procedure law
  • Arbitrator recommended by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw
  • Mediator recommended by the Court of Arbitration at the Polish Financial Supervision Commission
  • Member, Polish National Committee of the International Chamber of Commerce (ICC) in Paris
  • Member of the Association for International Arbitration

Speaking Engagements

  • Swiss Chambers’ Arbitration Institute, Innovation Conference: "Expedition and its Limits", February 2, 2017, Geneva (Switzerland)
  • FIDIC International Contract Users' Conference, December 5-8, 2016, Workshop: Dealing with Modified Contracts Under the New FIDIC Guidance, London (United Kingdom)
  •  FIDIC-SIDIR-EFCA Regional Conference, Conditions of contract which help in implementation of European public Investments, March 7-8, 2016, Cracow (Poland)
  • Dispute Resolution in M&A / JV Transactions International Conference, May 28-29, 2015, Warsaw (Poland)
  • ICC YAF Conference, Interim measures, March 28, 2015, Vienna (Austria)
  • Annual Conference on European Consumer Law 2015, Trier (Germany)
  • Conference “Arbitral award”, November 8, 2013, Jagiellonian University, Kraków, (Poland)
  • 4th CCTC International ADR Conference, October 15, 2013, Zagreb (Croatia)
  • Conference of Law Academy of European Law (ERA), April 24-25, 2013, Trier (Germany)
  • Annual Arbitration Conference of the Association of International Young Lawyers Arbitrators (AIJA), March 8, 2013, Basel (Switzerland)
  • Alternative Dispute Resolution 2012: Methods of Alternative Dispute Resolution in Central and Eastern Europe, November 23, 2012, Vilnius (Lithuania)
  • Cross-Border Mediation within the EU, Institut de Formation Judiciaire – Mediation in Poland, April 16-19, 2012, Brussels (Belgium)
  • The World Jurist Association’s 24th Biennial Congress on the Law of the World, October 24, 2011, Prague, (Czech Republic)
  • The Future of Multiparty Arbitration – Mass Claims or a Mass of Problems?, October 14, 2011, Warsaw (Poland)
  • Workshops, Puls Biznesu: Construction works agreement, October 27-28, 2011, Warsaw (Poland)

Additional Information

Selected Publications

  • Co-author of the Commentary to the Polish Civil Code (ed. by K. Osajda), C.H. Beck (different parts regarding contract law and other issues)
  • Co-author of the Commentary to the Polish Civil Procedure Code (ed. by E. Marszałkowska-Krześ), C.H. Beck (the parts regarding mediation and arbitration laws)
  • Nihil silentio utilius: confidentiality in mediation and its legal safeguards in the EU Member States”, ERA Forum (2013), no. 14, p. 421–435 (article)
  • “Mediation in Poland“ [In:] G. De Palo and M. B. Trezor (ed.), “EU Mediation: Law and Practice“, Oxford 2012, p. 256-272 (chapter)
  • “Recognition and Enforcement of Arbitral Awards in Poland”, [in:] “Arbitration in Poland”, Warszawa 2011, p. 125-140 (chapter)
  • “Mediacja: teoria i praktyka” (in English: “Mediation: Theory and Practice”), Wolters Kluwer 2009 (first edition), 2014 (second edition), (book, ed. with E. Gmurzyńska)
  • “Interim Measures in Arbitration Law and Practice in Central and Eastern Europe: The Need for Further Harmonization”, a book chapter [in:] “Interim Measures in International Commercial Arbitration”, Maklu Publishers, Antwerp-Apeldoorn 2007
  • “The Regulatory Framework for Online Dispute Resolution: A Critical View”, The University of Toledo Law Review, Vol. 38, No. 1, Fall 2006
  • “Mediacja i arbitraż. Art. 183[1]-183[15], 1154-1217 KPC. Komentarz” (Eng. “Mediation and Arbitration. Article 183[1]-183[15], 1154-1217 of the Civil Procedure Code. Commentary”), C.H. Beck 2006 (book)
  • Regular posts at www.kluwermediationblog.com  

FIDIC and Construction Law Advice

  •  Member of the FIDIC Task Group 15 responsible for establishing “FIDIC’ s Golden Principles” for the use of FIDIC Conditions of Contract and Agreements (since 2016), and frequent speaker at FIDIC conferences and seminars, e.g. the London FIDIC International Contract Users' Conference (December 2016) and the FIDIC-SIDIR-EFCA Regional Conference (March 2016)
  • Counsel to a gas&oil company in disputes regarding an international offshore project involving exploration and production of crude oil at the North Sea which was concluded with a USD 470M settlement agreement
  • Counsel to an Italian construction company in a project concerning the construction of a liquid natural gas (LNG) terminal in Central Europe
  • Advisor to one of the largest Central European gas&oil companies with respect to a new power plant construction project
  • Advisors to a major developer of wind farms with regard to negotiation of turn-key contracts
  • Counsel to a consortium of two Portuguese and a French company in the disputes regarding delays, extension of time (EoT) for completion of works, EoT-related financial claims, costs of disruption and acceleration, errors in design, and adjustment of the Contract Price as a result of exceptional increases in costs of materials and labor
  • Counsel to a contractor in a dispute with a public employer over the modernization of a section of the E-30 and railway line
  • Counsel to a manufacturer of aircraft and helicopters in litigation arising out of a construction contract regarding a new aerial hangar
  • Advisor to a Spanish firm in relation to two projects concerning the modernization of the electric grid in a Central Eastern European country (each to the value of ca. 100M EUR)
  • Advisor to a Spanish construction company regarding its disputes against German and Polish subcontractors with respect to the defects of complex bridge structures
  • Counsel to a French corporation with respect to the multifold contractual arrangements in the mode of Public Private Partnership contracts, regarding development and operations of optic fiber networks
  • Counsel to a Polish company in a UNCITRAL arbitration case regarding payment of a bonus for earlier completion of the Motorway Section pursuant to an EPC Contract
  • Counsel to a construction firm in two ICC arbitration cases related to the intra- JV settlements between former JV Partners in a large highway construction contract
  • Counsel to a Lithuanian construction company in a dispute with its JV partner over restructuring of the JV as a result of its leader’s bankruptcy
  • Counsel to a consortium of two Portuguese companies in a dispute against a municipal employer under a FIDIC Red Book contract
  • Advisor to a municipal employer against a Scandinavian contractor with respect to the claims under a FIDIC Yellow Book contract
  • Advisor to an Irish construction company with respect to consequences of early termination of a highway construction contract of the value of over 300M EUR 
  •  Advisor to consultants acting in the role of a contract engineer with respect to day-to-day administration of infrastructure projects

Investment Treaty Arbitration

  • Counsel to the Republic of Poland in the case Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v. Republic of Poland (ICSID Case No. ARB(AF)/11/3), relating to an investment in the food industry and tax authorities’ actions, decided by the arbitral award dated 24 November 2015 (publically available)
  • Counsel to a Polish company against a Southern Eastern European state regarding indirect expropriation and breach of fair and equitable treatment standard
  • Counsel to a foreign investor in the renewable energy sector against an EU Member State

Commercial Arbitration 

  • Sole arbitrator in an ICC arbitration between three French, German and Czech companies regarding termination of their long-term cooperation with respect to supply of components of automobiles
  • Counsel to a major Scandinavian financial group with respect to a dispute regarding sale of its assets in a Central Eastern European country (one of the largest M&A transaction in the banking sector in the CEE region in recent years)
  • Chairman of the Arbitral Tribunal in a dispute over contractual penalties for delay in modernization of a water plant treatment
  • Chairman of the Arbitral Tribunal in a post-transaction dispute resulting from a division of a corporation including earn-out and other financial settlements
  • Chairman of the Arbitral Tribunal in a dispute between two companies over payment of rent under the commercial property lease agreement
  • Counsel to a Portuguese company in an arbitration dispute against its former JV partner regarding financial settlement of a motorway construction contract, including claims for common-risk costs redistribution, responsibility for delays, allocation of penalties charged by the Employer and other issues
  • Chairman of the Arbitral Tribunal in a dispute over contractual claims related to a project for reconstruction of a municipal water and sewage system
  • Counsel to a French construction company in a dispute with its former UK-based JV partner over the JVA agreement concluded for purposes of reconstruction of major water treatment plants in a large Central European city
  • Counsel to a former captain of a national rugby team in the disciplinary case for two-year disqualification due to alleged use of doping
  • Counsel to various clients in arbitration-related state court proceedings in particular regarding jurisdiction of arbitral tribunals, setting aside of arbitral awards, interim measures and injunctions, as well as their recognition and enforcement

Litigation

  • Counsel to a US-based corporation in court proceedings regarding a military tender for sale of helicopters
  • Counsel to a UK-based multi-national corporation, which delivers planning, design and management services for developing infrastructure and buildings, in the litigation against its Polish business partner over a railway project
  • Counsel to a Swiss corporation in the litigation against the former CEO and senior manager of its Polish subsidiary
  • Counsel to a group of shareholders of a major Polish financial institution in a corporate dispute regarding the validity of shareholders meetings’ and supervisory board’s resolutions
  • Counsel to a professional sports agency against a football player in arbitration-related court-proceedings
  • Counsel to a railway cargo company in a dispute against a railway infrastructure operator, insurers and another company in a set of litigations concerning the consequences of a railway accident.
  • Counsel to a Portuguese bank in a dispute brought by a public employer seeking to enforce a performance guarantee
  • Counsel to a French telecommunication company in insolvency proceedings against former business partner
  • Counsel to a CEO of a large natural resources company in court proceedings concerning defamation in a press article