Episode 3 (16 February 2023) featured a discussion of the Polish Supreme Court decision in Case No. II CSKP 349/2022 on the application of the public order clause, as part of our ‘A Case in Time’ Headnote series.

Adelina ProkopMonika Diehl and Ewelina Bzducha of Clifford Chance, the authors of the GAP chapter on Poland, will consider a case in which the Polish Supreme Court rejected rigorous case law regarding contractual penalties and protected the arbitral award, followed by comments from Murtaza Somjee of Jerome Marchant + Partners (short bios of the speakers below) and a Q&A with the participant



The Delos Guide to Arbitration Places (GAP) is designed to assist in-house counsel, corporate lawyers and arbitration practitioners with efficiently accessing key insights into a large range of jurisdictions, including for the purposes of negotiating the choice of arbitral seats and conducting arbitral proceedings in those jurisdictions.

This peer-reviewed open access publication is now in its second edition. Browse the table of contents, explore the jurisdictions covered in the GAP or jump to the traffic lights table.

Monika Diehl is a senior associate at Clifford Chance, in Warsaw. She focuses on commercial and investment arbitration, as well as internal investigations and compliance. She has many years’ experience in representing clients in complex litigation and international arbitration disputes spanning a variety of sectors, including renewables, oil & gas, construction and finance. She acts for clients in investment treaty arbitrations.Monika also has extensive experience in conducting cross-border internal investigations related to white-collar crime and regulatory issues. She regularly advises, conducts training and authors publications on compliance and anti-corruption.

Adelina Prokop is a partner at Clifford Chance, in Warsaw. She focuses on dispute resolution in commercial, financial and international law. In particular, she specialises in investment arbitration. Adelina has vast experience acting for clients in court and arbitration proceedings gained in Clifford Chance’s Warsaw and London offices. She acts for foreign investors in international investment arbitration. She has acted in arbitration proceedings in Paris, London, Geneva, Brussels and Warsaw. She represents banks, financial institutions and auditors before the common courts and the Court of Justice of the EU. She has also advised clients from the energy, telecommunications, infrastructure and real estate sectors, as well as in disputes concerning unfair competition and M&A.

Murtaza Somjee is a partner at the Firm Jerome Merchant + Partners. Murtaza is a dual-qualified lawyer and advises clients in dispute resolution matters on pre-litigation strategies, contentious proceedings, and disputes representations before tribunals, arbitrators, and superior courts in India. His practice covers a wide area of commercial matters including mergers & acquisitions, joint venture disputes, lender disputes, security enforcement, debt recovery, employment and human resources, contractual disputes, company matters, and information technology and privacy-related disputes, amongst others. In addition, along with our banking finance team, Murtaza complements the insolvency practice and advises investors and lenders in the restructuring of their debt exposures to debtors, enforcing their rights under insolvency laws, advising sponsors on actions brought against them under insolvency laws, challenging proceedings or resolution plans which have been prejudicial to such sponsors and significant advisory work on insolvency laws in contentious and non-contentious matters. Prior to founding Jerome Merchant + Partners, Murtaza worked at the Mumbai office of AZB. Murtaza regularly advises SSG Capital, Videocon Group, Kotak, Q-Invest, Citibank, India Infoline, and the Jetsynthesis group.

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