Magdalena Papiernik-König

Advocate, Counsel

Magdalena Papiernik-König
phone:
+48 22 326 9600
office:
Warsaw

Magdalena is a Counsel in the dispute resolution practice at Kochański & Partners, where she specializes in investment treaty arbitration and international commercial arbitration.

Magdalena has more than ten years’ experience advising and representing clients in connection with disputes arising in various industry sectors, including energy and natural resources, trade, construction and cross-border production activity. In recent years she has handled high-profile commercial and investment treaty arbitrations under all major institutional rules, seated in both civil and common law jurisdictions. Magdalena’s experience spans representing clients in negotiations with governments leading to successful settlements in investment treaty arbitrations.

Her recent work includes acting for an investor in an unprecedented investment case concerning cross-border production within the EU and addressing jurisdictional objections based on the Achmea judgment.

In addition to her arbitration practice, Magdalena advises on all contentious matters and has considerable expertise in high-value complex litigations, in particular in infrastructure and construction sectors, including projects based on FIDIC contractual terms.

Magdalena also successfully helps her clients in obtaining funds for financing disputes from litigation funders (third-party funding).

In her practice she uses modern legal project management techniques.

In 2019 and 2021 she has been singled out in Legal500 EMEA ranking as Recommended Lawyer in Dispute Resolution. In 2021, she was included in the prestigious Legal 500 ranking of the arbitration practitioners recommended in Central and Eastern Europe (Legal500 Arbitration Powerlist CEE), as the youngest Polish advocate in the listing.

Prior to joining Kochański & Partners, Magdalena worked in renowned Polish law firms and in an international law office in Budapest.

Languages: Polish, English.

Membership: The Warsaw Bar of Advocates.

Education: The University of Cardinal Stefan Wyszyński in Warsaw (Master of Law, 2012); the International Court of Arbitration of the International Chamber of Commerce (ICC) Arbitration and ADR Training Programme at the Faculty of Law and Administration of the Jagiellonian University in Krakow (2015); Warsaw School of Economics (Project management, 2022).

Recommendations: Magdalena Papiernik-König is a Legal 500 EMEA recommended lawyer in Dispute Resolution (2019 and 2021) and also listed in the 2021 CEE Arbitration Powerlist.

Investment Arbitration:
  • Representing Muszynianka sp. z o.o. in an investment arbitration dispute against Slovakia over a right to cross-border production of mineral water.
  • Representing German and Czech investor in an investment dispute against Poland concerning the motorway construction project of strategic importance for the Polish Government.
  • Advising a UK Construction company in an investment dispute against Poland on road construction.
  • Representing a Luxembourg Private Equity Fund in an investment dispute against Poland on a real estate matter.
  • Representing American investor in an investment arbitration dispute against the Republic of Poland concerning privatization in the fat industry.
  • Representing Manx mining company in investment dispute over concession rights against Poland.
  • Representing Cypriot mining company in investment dispute over concession rights against Poland.
International Commercial arbitration:
  • Representing international seller of production lines in a dispute against Polish leading chocolate and confectionary producer.
  • Advising on a commercial arbitration dispute concerning lease agreements.
Litigation:
  • Representing foreign construction companies in disputes against the Polish Road authority concerning the motorway construction project of strategic importance for the Polish Government.
  • Representing Polish construction company in disputes against the Polish Road authority concerning road constructions in Poland.
  • Representing litigation fund in a bought dispute over multimillion contractual claim.
  • Representing state-owned energy companies in disputes against private energy companies.
Other:
  • On-going advice in the course of the execution of a motorway contract in Poland and claims management based on FIDIC contractual terms.