Paweł A. Tatarczak

Paweł A. Tatarczak

Local Partner

Paweł Tatarczak's practice is centered on international and domestic dispute resolution, with particular focus on contentious aspects of mergers & acquisitions (M&A), real estate as well as corporate and consumer finance transactions. He also handles regulatory and compliance issues including disputes with governmental agencies in the area of securities, concessions and licenses.

Paweł is experienced with commercial and investment arbitration proceedings running under virtually all recognized procedures including ICSID, UNCITRAL, ICC, SCC, LCIA, PCC and Swiss rules. Paweł frequently appears before arbitral tribunals constituted in a multinational setting, in both common-law and continental environments. He has participated or advised on a number of prospective and ongoing arbitrations seated or administered in Geneva, London, Moscow, Stockholm, Vienna, Vilnius, Warsaw and Washington, DC, including the world’s largest disputes ranked in The American Lawyer’s Arbitration Scorecard.

He regularly appears also before Polish common and administrative courts as well as central and local government agencies.

Concentrations

  • Commercial arbitration
  • Investment arbitration
  • Commercial litigation
  • Administrative litigation
  • Corporate & Commercial

取扱分野

実績紹介

 

  • Represented Polski Koncern Naftowy ORLEN S.A. in commercial arbitration before the International Court of Arbitration at the International Chamber of Commerce (ICC), held in London against Yukos International UK B.V. The USD 1.5 billion dispute arose in the largest foreign investment ever by a Polish company at that time – the acquisition of AB Mazeikiu Nafta, the only oil refining business in the Baltic States. In addition, he advised on certain aspects of interconnected proceedings i.e. the general contractor arbitration administered by the London Court of International Arbitration (LCIA) and ad hoc insurance market arbitration in Vilnius.°
  • Advised Telekomunikacja Polska S.A. on one of the largest ever international commercial arbitrations involving a Polish entity, UNCITRAL proceedings in Vienna, initiated by the Danish Polish Telecommunications Group I/S, regarding a precedent multibillion DKK dispute over a contract for turn-key delivery of the North-South Link (NSL) – optical-fiber telecommunication transmission system. In addition, he advised on certain aspects of related litigation before state courts in Austria, England, France, Germany, Ireland, the Netherlands, Poland and the United States. All proceedings were concluded by settlement.°
  • Represented a Fortune 500-listed company in ad hoc international commercial arbitration against one of the largest chemical companies in the world held in London under Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). The dispute related to the pricing of polyethylene and polypropylene products manufactured in one of the largest plastics manufacturing plant located in Central and Eastern Europe.
  • Representing one of the largest European real estate investment funds in a dispute with a Polish real estate development group worth approx. EUR 30 million, arising out of termination of acquisition of two commercial shopping malls and held under the Arbitration Rules of the International Chamber of Commerce (ICC).
  • Representing one of the largest alcoholic beverage manufacturers and distributors in set-aside and enforcement proceedings concerning arbitral award granting compensation for alleged breach of representations and warranties made in the M&A transaction, arising out of ‘carousel’ VAT fraud.
  • Represented one of the largest Polish financial institutions in a post-M&A dispute with a major European financial institution related to a high-profile cross-border transaction in the banking & finance sector, held under the Arbitration Rules of the International Chamber of Commerce (ICC) and seated in Geneva. The dispute was successfully settled.
  • Represented a Polish bank in a post-M&A share price adjustment dispute with a major US financial institution subject to a custom expert dispute resolution procedure held before one of the Big Four firms in London. The dispute was successfully settled.
  • Advising one of the largest European banking institutions on a potential M&A dispute with a CEE-based banking institution regarding a breach of representations and warranties related to the banking business acquisition and subject to arbitration in Geneva in accordance with the Swiss Rules of International Arbitration.
  • Advising a recognized private equity fund on a potential cross-border M&A dispute with a number of sellers of a consumer care business related to alleged incompliance in the area of transfer pricing and subject to the Arbitration Rules of the International Chamber of Commerce (ICC).
  • Acted in the capacity of the Administrative Secretary of the Arbitral Tribunal seated in Moscow and acting under the Arbitration Rules of the International Chamber of Commerce (ICC) in relation to a post-M&A representations and warranties dispute related to a company controlling strategic mining resources in the Russian Federation as well as in a number of jurisdictional issues arising out of the 2015 reform of the Russian arbitration regime.
  • Advised a US agricultural manufacturing business on prima facie jurisdiction issues in an international trade dispute with a Russian party held before the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
  • Advised Emperia Trading Group on certain procedural aspects of one of the largest commercial arbitrations based in Poland – UNCITRAL proceedings in Warsaw, initiated by Eurocash S.A., related to an investment agreement concerning a nationwide FMCG distribution business, concluded after Emperia’s successful hostile takeover defense. The dispute was resolved by settlement.°
  • Advised Reinhold Polska AB’s subsidiary in UNCITRAL commercial arbitration in Warsaw, initiated by Union Investment Real Estate GmbH, regarding a dispute arising out of
    a development and leasing agreement concerning the Lipinski Passage and Centre –
    a historical A-class office complex in downtown Warsaw – which resulted in settlement.°
  • Represented an Israeli renewable assets investment group in a post-M&A share price adjustment dispute with a major German wind industry company brought before the International Court of Arbitration at the International Chamber of Commerce (ICC).
  • Represented an international real estate investment fund in a post-M&A share price adjustment dispute with a major Israeli investment group held before the Arbitration Court of the Polish Chamber of Commerce (KIG) and concerning the takeover of one of the Poland’s largest real estate development companies. The dispute was successfully settled.
  • Advising UK shareholders in a potential joint-venture dispute over the operation and restructuring of a Polish commercial property management business.
  • Advised Monegasque and Polish individual investors in arbitration proceedings before the Arbitration Court of the Polish Chamber of Commerce in Warsaw (KIG), regarding the cross-border acquisition of an offshore holding structure from a real estate investment group and the development of commercial property. The dispute was resolved by settlement.°
  • Advised a Polish real estate company in connection with a prospective securities dispute worth approx. USD 60 million, to be held in London before the International Court of Arbitration at the International Chamber of Commerce (ICC).°
  • Advising a Russian high-net worth individual in connection with a potential investment arbitration against one of the European Union member states and related to the liquidation of a local banking institution due to alleged non-compliance with capital adequacy requirements.
  • Advising foreign real estate investors on a potential investment arbitration against one of the European Union member states in connection with the application of local historical monument protection laws.
  • Represented an international real estate developer on a potential investment arbitration against one of the European Union member states in connection with the interference of municipal and central government authorities in a high value construction process.
  • Advised US individual investors, Messrs. David Minnotte and Robert Lewis at certain stages of international investment arbitration against the Republic of Poland, administered by the International Centre for Settlement of Investment Disputes in Washington D.C. The dispute was based on the US-Polish Bilateral Investment Treaty in the context of the project for the development of Poland's first comprehensive human blood plasma fractionation facility by Laboratorium Frakcjonowania Osocza sp. z o.o.
  • Advised a Fortune 500-listed company on prospective investment arbitration based on the Bilateral Investment Treaty and Energy Charter Treaty against one of the European Union member states.°
  • Assisted one of the largest mining companies globally in an analysis of investment protection afforded by investment treaties, concerning one of the Sub-Saharan African nations.°
  • Advising one of the largest national energy companies in connection with the first-ever climate claim in Poland, in which the state’s energy policy concerning electricity generation from coal is to be scrutinized before the courts of law.
  • Representing mBank S.A. on its defense against landmark class action litigation held before the Polish courts, including the Supreme Court of the Republic of Poland, and initiated by approx. 1300 claimants in connection with foreign currency denominated mortgage loans.
  • Representing mBank S.A. on the appeal stage of its high-profile dispute concerning validity of foreign currency denominated mortgage loan agreements under Polish law.
  • Represented one of the wealthiest Poles in a dispute concerning termination of acquisition of high-end residential property in central Warsaw, which has been successfully settled.
  • Represented a CEE-based real estate investment fund in a court dispute with a US real estate fund over reimbursement of the costs of the fit-out works performed in an A-class office park in Warsaw, Poland. Dispute has been successfully settled.
  • Representing a recognized real estate investment fund in a court dispute over a 40-fold increase in the perpetual usufruct fees related to one of the largest shopping malls in Poland.
  • Represented a major international private equity fund in an M&A-related dispute with a Polish private equity fund concerning top-tier TMT-sector transaction brought before the Polish courts. Obtained precedent judgment that it is not possible to interrupt the statute of limitations period by initiating court-assisted settlement proceedings if an effective arbitration clause is concluded.
  • Advised British Virgin Islands-based investment vehicles on their claims against Polish share market intermediaries worth approx. PLN 100 million and brought before the Polish state courts.
  • Advising in connection with selected aspects of a series of administrative and court-administrative proceedings concerning qualification of automated mailbox systems as construction objects, including in particular conformity of the Polish construction law with the Constitution and European law.
  • Represented a major European food manufacturer in a dispute with the Polish trade quality inspection concerning the compliance of baked product packaging with domestic and European regulations. The dispute was successfully concluded without the need to resort to administrative courts.
  • Represented a major European food manufacturer in a dispute with sewage system operator concerning alleged contamination of waste water with manufacturing remnants. Dispute has been successfully settled without the need to resort to the courts.
  • Represented one of the largest Polish weapons retailers in a number of proceedings concerning the decision of the Polish Minister of the Interior to withdraw its arms trade license.
  • Representing one of the world’s largest alcoholic beverage manufacturers in a number of administrative proceedings initiated by the Polish Financial Supervision Authority in connection with market disclosure obligations related to US Chapter 11 bankruptcy proceedings.
  • Represented a management board member in connection with proceedings before the Polish Financial Supervision Authority (KNF) and the Polish administrative courts on an alleged breach of the disclosure obligations of a public company concerning one of the very first financings through an equity line of credit structure in the Polish market.
  • Represented a US high net-worth individual running a major business in Poland in connection with administrative proceedings related to alleged insider trading of shares listed on the Warsaw Stock Exchange. The Polish Financial Supervision Authority decided to discontinue all ongoing proceedings.
  • Represented a joint-stock company before the Polish Financial Supervision Authority (KNF) in a dispute concerning the scope of the obligation to disclose information to the market at the pre-contractual stage of a public M&A deal.
  • Advised BEST S.A., a recognized Polish charge-off debt portfolio management company, on certain aspects of litigation against the investment vehicle of Varde Investment Partners LP, held before the High Court of Justice of England and Wales, arising out of an international securitization transaction.°
  • Represented Amstar Global Advisers, a US real estate investment fund, in the negotiation and conclusion of a package of agreements leading to recommencement of construction works related to Złota 44 – the iconic tower in downtown Warsaw designed by Daniel Libeskind and the tallest, most-luxurious, residential-only skyscraper in the European Union.
  • Advised Polski Koncern Naftowy ORLEN S.A. in relation to the cancellation of its Global Depositary Receipts traded on the London Stock Exchange and American Depositary Receipts traded over-the-counter in the US.
  • Assisted Lockheed Martin Corporation in one of the largest defense offset programs in the world, related to the delivery of F-16 Fighting Falcons - 4th generation multi-purpose jet fighters-  to the Polish Air Force.°
  • Advised the National Museum in Warsaw on a number of contentious issues concerning certain high value collections of artifacts.
  • Advised several entities from the Polish-Jewish community on a number of legal matters, including the scope of the application of Halakha in Polish public law, pre-contractual liability or the public purpose earmarked subsidies regime.

°The above representations were handled by Mr. Tatarczak prior to his joining Greenberg Traurig Grzesiak sp.k.

受賞歴・所属団体

  • Rising Stars: Lawyers – leaders of tomorrow (Wolters Kluwer) - finalist (2015)
  • Best Master’s Thesis in Commercial Law (Commercial Law Review / Wolters Kluwer) – 2nd place, 2010
  • Member, Warsaw Bar Association
  • Arbitrator, Lewiatan Court of Arbitration
  • Member, International Bar Association, Arbitration Committee and Litigation Committee
  • Juror, Court of Arbitration at the Polish Chamber of Commerce – Nationwide Moot Court in Commercial Arbitration
  • Juror, Lewiatan Court of Arbitration – Arbitration Moot Court Competition

学歴・資格・言語

学歴
  • Advocate, 2014
  • Master of Law, the University of Warsaw, 2009
  • LLP-Erasmus Scholarship, Comenius University in Bratislava, Faculty of Law, 2008
  • Diploma, Center for American Law Studies, University of Florida, Levin College of Law in cooperation with the University of Warsaw, 2007
弁護士資格
  • Poland
言語
  • Polish, Native
  • 英語, Fluent