Litigation, arbitration and mediation
Participation in the resolution of disputes in which our Clients are involved either as claimant or respondent is one of our firm's main areas of practice.
Litigation
We are representing our Clients before the common courts, the Supreme Court, in arbitration as well as in administrative procedure and administrative court proceedings.
We handle the affairs of clients, who operate in various sectors of the economy. Among our clients are banks, which we represent in numerous proceedings (e.g. concerning derivatives), and in cases related to labour law. We also represent companies operating on the power, fuels, construction and FMCG markets. We have a vast amount of experience in corporate litigation – for example, we participated in several precedent-setting cases related to a joint stock company's shareholder's liability towards its creditors; we also represented one of the “Big Four” auditors sued by a client – the court case ended with the claim being rejected (it was a landmark case concerning interpretation of regulations on auditors’ liability).
Arbitration
Furtek Komosa Aleksandrowicz specialises in resolving disputes in arbitration. We represent clients in both ad hoc arbitration disputes and proceedings before permanent arbitration courts including i.a. the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, the Court of Arbitration at the Polish Bank Association in Warsaw, Vienna International Arbitral Centre (VIAC), Permanent Court of Arbitration in The Hague (PCA),Court of Arbitration at the International Chamber of Commerce in Paris (ICC).
We represent clients in post-arbitration proceedings, namely proceedings concerning recognition, enforcement or setting aside of either domestic or foreign arbitral awards.
Marek Furtek is included in the lists of arbitrators of the largest arbitral institutions and has been appointed as an arbitrator in (so far over one hundred eighty) proceedings before domestic and international arbitration tribunals, both in institutional (SAKIG, ZBP, VIAC, ICC, PCA) and ad hoc commercial arbitrations as well as in investment disputes (BIT). He is also an author of numerous domestic and foreign publications regarding arbitration.
We have organised and administrated more than a dozen ad hoc arbitration proceedings under UNCITRAL, SAKIG and ICC rules.
Our lawyers take part in alternative dispute resolution proceedings (ADR), in particular in mediations and negotiations, as well as in dispute resolution proceedings conducted according to the FIDIC Conditions of Contract.
We are consistently recommended by prestigious international legal rankings, including Legal 500 EMEA, Chambers Global and Chambers Europe.
"Marek Furtek is a prolific arbitrator who is highly recognised by market sources. He impressed me as a smooth operator, an interviewee reports, while another adds: He is very experienced and very effective as an arbitrator."– Chambers Europe 2020
"Name partner Marek Furtek leads the litigation and arbitration department at FKA Furtek Komosa Aleksandrowicz, which specialises in contentious banking issues. Tadeusz Komosa is representing Bank Pocztowy in its claim alleging unjust enrichment against another Polish bank. Milena Wieczorek-Waszewska is another key name, with experience acting for German banks and leasing companies in enforcement and insolvency proceedings." - Legal 500 EMEA 2019
"Marek Furtek of FKA Furtek Komosa Aleksandrowicz maintains a prominent position in domestic and international arbitration matters, where he acts as both a counsel and an arbitrator. Sources say he has "really impressive legal knowledge" and is also "very pragmatic." He has experience representing clients from the financial services and pharma sectors." - Chambers Europe 2019
"Marek Furtek of FKA Furtek Komosa Aleksandrowicz is widely regarded as a well-established name in international arbitration matters, with particular expertise in contentious banking and finance cases." - Chambers Europe 2018