Monika Diehl

Education

• Master of Laws, Faculty of Law and Administration, University of Warsaw (2012);
• Master of International Relations, Faculty of Journalism and Political Science, University of Warsaw (2012).

Professional career

• Since 2012 – Litigation & Dispute Resolution Department at Clifford Chance Warsaw;
• Since 2012 – member of the Bar Chamber in Warsaw (advocate since 2016).

Arbitration experience

Monika Diehl acts for clients in Polish and international arbitration proceedings (including proceedings based of the ICC Rules, UNCITRAL, the Court of Arbitration at the Polish Chamber of Commerce, and also seated in Paris, Brussels and Geneva and administered by the Permanent Court of Arbitration at The Hague), in particular in disputes concerning infrastructure and construction investments and disputes concerning the energy, real estate and financial sectors. She also has experience as a tribunal secretary in international arbitration proceedings.

Highlights of her experience include:

• representing wind farm investors in arbitrations concerning invalidation of the long-term agreements for the purchase of green certificates (SA KIG);
• acting as tribunal secretary in a case concerning payments under consultancy services agreement (SA KIG);
• representing a real estate development company in arbitration proceedings concerning a failed transaction for the purchase of a shopping mall in Poland (ICC);
• representing an investment fund in arbitration proceedings concerning the defects in an office building (ICC);
• representing a construction group in arbitration proceedings concerning the construction of a solar power plant located in South America (ICC);
• representing an employer from the oil & gas sector in arbitration proceedings with a consortium of contractors concerning an infrastructure investment in Poland (ICC);
• representing an investor against the State in a case concerning contracts concluded with State-owned companies and regulatory changes to the support scheme for wind energy investments (UNCITRAL);
• representing an investor against the State in a case concerning discrimination and denial of justice (UNCITRAL).

Monika Diehl has for many years been involved in moot court international arbitration competitions: Vis Moot (commercial arbitration) and Foreign Direct Investment Moot (investment arbitration), both as team coach of the University of Warsaw team (including the University’s victorious team in FDI Moot in 2014), and as an arbitrator during competition finals. She completed arbitration courses co-organised by academic centres in Germany: 9th Cologne Arbitration Academy and V. Düsseldorf International Arbitration School.

Membership in organizations

• Member of the Arbitration Committee of the Lewiatan Court of Arbitration;
• Vice-chair and Member of the Arbitration and Mediation Section at the Bar Chamber in Warsaw;
• Member of ArbitralWomen;
• Member of ICC YAF;
• Member of Greener Arbitrations Europe Sub-Committee.

Publications

1. Arbitration Guide, IBA Arbitration Committee, POLAND, 2018;
2. Zgodność inwestycji i działań inwestora z prawem na tle sprawy Jukosu (Legality of investments and investor’s actions in the context of Yukos case), Arbitration Bulletin of the Court of Arbitration at the Polish Chamber of Commerce (No. 22, January 2015);
3. International Execution against Judgment Debtors, Thomson Reuters, 2020 (chapter 62, on enforcement of foreign judgments in Poland);
4. Ugoda w postępowaniu arbitrażowym (The Settlement Agreement in Arbitration), Biuletyn;
5. Arbitrażowy Sądu Arbitrażowego przy KIG, Arbitration Bulletin of the Court of Arbitration at the Polish Chamber of Commerce (June 2021) (in press);
6. DELOS Guide to Arbitration Places (GAP), Poland, 2021 (currently being updated).