Alicja Szczęśniak

Alicja Szczęśniak, Ph.D.

Counsel
Baker McKenzie Krzyżowski i Wspólnicy Spółka Komandytowa

Biography

Alicja Szczęśniak is a skilled legal professional specializing in post-M&A disputes, arbitration, ADR, and cases before the Court of Justice of the EU. With a PhD in civil procedure and a specialization in arbitration, she has held notable positions as an arbitrator and lead counsel in complex disputes before various forums. Alicja organizes the Arbitration Lunch Match, promoting gender equality in arbitration, nominated for the GAR Awards 2023. She has authored articles on disputes and arbitration and is affiliated with legal institutions across Europe.

Practice Focus

Alicja focuses on post-M&A disputes, arbitration, complex litigation and ADR, in company law, commercial contracts, torts, and unfair competition. Serving clients in the Polish market, she handles disputes over significant transactions and represents Polish banks in 16,000 mortgage loan proceedings, including cases before the Court of Justice of the EU. Her practice spans multiple jurisdictions, emphasizing gender equality within the arbitration field. Alicja works with diverse clients, from individuals to major corporations, ensuring effective legal solutions in high-stakes cases.

Representative Legal Matters

  • Assisted an insurer in a dispute concerning a claim under a Warranty & Indemnity (W&I) insurance policy.
  • Represented a client in a complex dispute in arbitration, connected litigations and criminal proceedings relating to the purchase of a controlling package of shares in a major Polish entity on the HR market.  
  • Represented a bank in a litigation relating to a bank guarantee issued in relation to a major Polish investment in the state security sector. 
  • Represented a client in the construction industry in a dispute over a wrongfully executed bank guarantee. 
  • Representing a Polish banking and financial services company in four cases before the Court of Justice of the European Union (CJEU) relating to consumer contracts, in connection with a challenge to terms deemed unfair under Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.
  • Representing major Polish banks in a series of disputes regarding mortgage loans indexed to the Swiss franc or other foreign currencies (in approximately 16,000 proceedings).
  • Representing a Polish multinational banking and financial services company in a case before the Court of Justice of the European Union (CJEU) in a matter that touches upon an issue of public and EU laws.
  • Representing major Polish banks in five actions initiated by consumers disputing loan agreements based on the WIBOR (Warsaw Interbank Offer Rate) exchange rate.

Professional Associations and Memberships

  • Polish Bar Association
  • Court of Arbitration at the Polish Chamber of Commerce, List of Recommended Arbitrators

Admissions

  • Poland (2014)

Education

  • ICC Advanced Arbitration Academy for Eastern Europe (2014)
  • Institute of Law Studies of the Polish Academy of Sciences (PhD Civil Procedure) (2014)
  • University of Vienna (LLM in International Legal Studies) (2009)

Languages

  • English
  • Polish

Author, "Review of the Polish Supreme Court Judgement of 13 April 2012, I CSK 416/11, OSNC 2012/10/121," Orzecznictwo Sądów Polskich, January 2014

Author, "Jurisdiction of national courts in proceedings for annulment of arbitral awards," Kwartalnik ADR Arbitraż i Mediacja (ADR Arbitration and Mediation Quarterly), March 2013

Author, "A few remarks regarding the institution of remission in proceedings for annulment of arbitral awards," eArbitration Review, January 2014

Co-author, "How to make a complaint against the quality of construction works?," Inwestycje Sektora Publicznego

Co-author, "Exclusion of a contractor under article 24.1.1 of the Public Procurement Law on the basis of an arbitral award," April 2013

Author of numerous short articles for Polish daily legal newspapers, Rzeczpospolita and Gazeta Prawna; legal analyses in specialist journals in the field of investments, energy, construction, etc.