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LCIA online: KIAP lawyers defended a foreign trader at the peak of the pandemic
19 November 2020
In the midst of pandemic, KIAP lawyers defended interests of the foreign trader in arbitration proceedings in LCIA against Polish buyer who refused to pay for the delivered by the Client goods. The whole procedure was conducted online.
Polish lawyers (WKB) assisted the Client to obtain interim measures in Poland in support of the future LCIA arbitration.
To avoid the liability, the buyer utilized guerrilla tactics in arbitration and tried to cancel interim measures.
KIAP lawyers managed to reduce costs on arbitration by consolidation of two arbitrations and by strong objections to all attempts to delay the proceedings. Consequently, even before the final award rendering, the respondent had been ordered to pay all of the Client’s costs occasioned by the adjournments of hearings and submission of additional statements.
Eventually, claims of the Client were satisfied in their entirety.
As the arbitral tribunal noted in the award, "the issue of costs was hotly disputed". Respondent alleged that costs on interim measures cannot be awarded by the arbitral tribunal in the LCIA arbitration. KIAP lawyers with the assistance of experts on Polish law convinced the arbitrators that all the costs of the Client, including costs on interim measures in Poland, shall be adjudged in its favor exactly by the arbitral award. Therefore, this award creates a prominent precedent.
The interests of the Client in the arbitration proceedings were represented by Partner Anna Grishchenkova and Senior Associate Stepan Sultanov. Assistance with interim measures in Poland was provided by Bartłomiej Jankowski and Piotr Gajek from WKB lawyers.