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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

Established in 1957, Wolf Theiss is one of the leading European law firms in Central, Eastern and South-Eastern Europe with a focus on international business law. With 300 lawyers in 13 offices located in Albania, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Poland, Romania, Serbia, Slovakia, Slovenia and Ukraine, Wolf Theiss represents local and international industrial, trade and service companies, as well as banks and insurance companies. Combining law and business, Wolf Theiss develops comprehensive and constructive solutions on the basis of legal, fiscal and business know-how.

All News about, and Legal Analysis by, Wolf Theiss can be found here.

Firm's website: http://www.wolftheiss.com/

 

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