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SSW Pragmatic Solution Successful for Polish Franchisee in Arbitration Against Subway in New York

SSW Pragmatic Solution Successful for Polish Franchisee in Arbitration Against Subway in New York

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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

Poland Knowledge Partner

Penteris is a law firm combining in-depth expertise, robust advice, and a pan-regional reach.

We provide full-service business law advice within five sector lines: Energy & natural resources, Financial institutions, Private equity, Real estate, and Retail.

On the market since 2001, we were originally part of a Scandinavian law firm and then a founding office of a pan-Baltic organisation.

Our attorneys will work closely with you, providing you with the hard skills, service-minded know-how, and legal expertise that will keep you secure while you lead the market.

Our skills are at your disposal:

  • Expertise and passion wrapped up in a personal service
  • Close-knit team providing a multidisciplinary approach
  • Ability to listen, understand, and deliver for the tangible benefit of the client.

The team continues to be internationally recognised year on year, most recently by Chambers Global 2019, Chambers Europe 2019, and The Legal 500 EMEA 2019.

Firm's website: https://penteris.com

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