Dr Rafał Morek, advocate, is a partner at DWF Poland. 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 70 proceedings in accordance with the rules of ICC, ICSID, UNCITRAL, Court of Arbitration for Sport in Lausanne, PCC, SIDIR (the arbitration court specialized in construction disputes) 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 a member of the arbitration council and the appointment committee at the largest Polish arbitration court (PCC), and a part-time professor at the University of Warsaw.
- Advocate - The Warsaw Bar Association
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
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)
- 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)
- 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
- Chambers and Partners Global 2019 - Dispute Resolution - Poland (Band 2)
- Chambers and Partners Global 2019 - Dispute Resolution: Most in Demand Arbitrators - Poland (Band2)
Sources describe Rafał Morek as a "calm and open-minded" practitioner, with one interviewee also noting: "He always listens to my priorities and is able to adjust and draft an action plan at a moment's notice." He boasts significant experience in litigation and international arbitration. He is also noted for his mediation abilities.
- The Legal 500 EMEA 2019 - Dispute Resolution (Tier 1)
- Ranking organized by the daily newspaper "Rzeczpospolita"
In international disputes category, Rafał Morek received the title of Lawyer - Leader
- Recommended in Who's Who Legal Arbitration: Lawyers and Future Leaders
- Recommended in Best Lawyers since 2012 - Arbitration and Mediation; Litigation