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Jan Markiewicz, Ph.D.

Associate
+48.22.653.4229
Fax +48.22.653.4250

Jan Markiewicz is an advocate and member of the Dispute Resolution team in the Warsaw office of K&L Gates.

In his practice he specializes in representing businesses before state courts and arbitration tribunals in disputes pertaining to commercial contracts and construction projects, as well as in enforcement and insolvency proceedings. Jan has extensive experience in representing clients in matters related to torts of unfair competition. He represented biggest retail chains active in Poland in multiple proceedings initiated by their suppliers under provisions of the Combatting Unfair Competition Act 1993.

Professional Background

Prior to joining K&L Gates, Jan Markiewicz practiced in the litigation and arbitration departments of one of the biggest Polish law firms. In 2014 he was also an international arbitration intern for a London law firm.

Publications

  • “Restriction of access to the market as a prerequisite to torts of unfair competition of collecting fees other than the commercial margin for accepting goods for sale,” Jagiellonian University Scientific Journal [Zeszyty naukowe Uniwerystetu Jagiellońskiego], December 2014.
  • “Meaning and role of the term ‘commercial margin’ under s. 15 ss. 1 (4) of the Combatting Unfair Competition Act 1993,” Law, Economical and Social Review [Przegląd prawniczy ekonomiczny i społeczny], August 2014.

  • Representing two leading German retail chains before Polish state courts and arbitral tribunals in over 40 cases brought by their suppliers for the return of the so called ‘slotting fees’, i.e. ‘fees other than commercial margin for accepting goods for sale,’ prohibited by the Combatting Unfair Competition Act 1993.
  • Representing a global manufacturer of heat processing furnaces in litigation initiated by a purchaser in relation to delays in delivery of equipment.
  • Representing a leading Polish manufacturer of waste containers in litigation with its former agent for Germany, Austria and Switzerland over scope of commission.
  • Pre-trial advisory for a South Korean telecommunications company in a dispute with a local government unit in Poland over settlements related to development of a broadband internet network.
  • Representing a German retail chain as a victim in criminal proceedings against its former employer and managers of its supplier accused of commercial corruption.
  • Representing one of the biggest Polish banks in several court proceedings against a dishonest debtor - an industrialist in the food industry.
  • Representing a leading international producer of steel in ICC arbitration against an Italian developer over an agreement for the sale of real estate in Poland.
  • Advising a Danish beer producer in arbitration proceedings before SCC in Stockholm over the acquisition of two breweries in Poland.
  • Advising a German developer from the energy industry in a dispute entailing litigation before Polish court and in ICC arbitration related to the construction of wind power plant in Poland.
  • Advising a South European state in proceedings before Polish courts aimed at vindicating assets invested in a failed commercial undertaking in the construction industry (production of cement).
  • Advising eight multinational pharmaceutical companies in litigation with the National Health Fund in relation to the pricing of reimbursable drugs.