SSW Pragmatic Solutions has successfully represented Rafal Szpotanski and Ewelina Wilczek, the owners of the Polish franchisee of Subway International B.V., in arbitration against Subway under the UNCITRAL Arbitration Rules administered by the International Centre for Dispute Resolution and American Arbitration Association in New York.
According to SSW Pragmatic Solutions, the tribunal concluded that, where the parties fail to agree on the choice of an arbitrator, the ICDR has no power to act as the appointing authority. Consequently, the sole arbitrator appointed by the ICDR declared that the tribunal lacks jurisdiction to decide the case in such circumstances.
"This award sets a precedent for future cases," SSW Pragmatic Solutions reported, "as it calls into question the manner in which Subway has managed its arbitrations to date.” According to the firm, “the practice adopted by Subway and the ICDR in previous cases was contrary to the UNCITRAL Arbitration Rules.”
The SSW team included Partner Wojciech Jaworski and Counsels Hubert Wysoczanski and Filip Balcerzak.