Marek Malciak
counsel
Experience
Attorney-at-law. Litigation and arbitration expert. Banking and Finance Practice Expert. He works predominantly with litigation and arbitration teams in the fields of banking, finance, civil, commercial and energy law. In the course of his previous practice, he has participated in providing legal services to Polish and foreign clients. He acts comprehensively at the entire stage of a dispute: from negotiations and alternative dispute resolution, assessment of litigation opportunities and preparation of the dispute (including injunction proceedings), the litigation (arbitration) itself and subsequent enforcement proceedings.
He has many years of experience in providing services to entities in the financial sector, including banks. Represented commercial banks at the pre-litigation stage (negotiations, calls for payment, requests for conciliation), at the stage of pre-litigation security proceedings, in litigation, both on the claimant's and defendant's side, as well as at the enforcement proceedings stage.
He prepared legal opinions for banks regarding the provisions of European and Polish banking law, as well as participated in settlement discussions with bank clients, including the preparation of court or out-of-court settlements. He also represented banks in criminal proceedings as an auxiliary prosecuting attorney (mainly in credit fraud cases).
He is a legal representative for several shareholders of one of the listed companies in a precedent-setting case for the payment of damages amounting in total to several million zlotys in connection with the provision of untrue, unreliable and incomplete information in the prospectus and current and periodic information, as well as the omission of material information.
He also works with the Energy & Natural Resources Practice. Specialist in energy market operations and financing of energy infrastructure projects. Author of articles (e.g. in the Nowa Energia publication) and speaker at energy law conferences (e.g. Future Energy Congress 2022). Involved in a number of multifaceted court proceedings on behalf of one of the largest energy industry groups in a dispute over long-term framework agreements concerning the sale of electricity and green certificates.
Co-author of the podcast "KKG with Energy," in which he discusses topics that are important and timely for the energy industry.
Honors and Awards
- 1st rank at the local bar qualifiers of the National Oratorical Competition for Attorney Trainees (2017)
- 3rd Rank in the Local Bar Qualifiers the for the National Oratorical Competition for Attorney Trainees (2017)
- 1st Rank in the Best Statement of Claims Category in the 5th Edition of the Lewiatan Arbitration Competition (2016)
Membership
- The Krakow Bar Association (ORA Kraków)
Nowa Energia nr 3(89)/2023
Nowa Energia nr 4(85)/2022
Liberalisation of the 10H Rule – Will the Polish Wind Be Free?
Nowa Energia nr 5-6(81)/2021
Nowa Energia nr 4/2021
Ustawa o elektromobilności i paliwach alternatywnych (Act on Electromobility and Alternative Fuels)
Education
2023
Postgraduate studies on the Banking conducted by the Warsaw School of Economics in Warsaw
2021
Postgraduate studies on the Functioning of the Energy Market conducted by the Warsaw School of Economics in Warsaw
2018
entry onto the list of attorneys
2016
ICC Arbitration and ADR Training Programme (ICC International Court of Arbitration and Centre for Coordination of Schools of Foreign Laws of Jagiellonian University)
2014
Master's degree: Law at the Faculty of Law of Administration at Jagiellonian (diploma with honours)
Personal interests
football, especially the English leagues, mountain trekking