Pawel Malys

Pawel is an Associate in the Innovation department, specialising in technology disputes, commercial disputes and sports matters.

Pawel manages a diverse portfolio of pre-action and litigious matters for start-ups, scale-ups and leading global technology providers. His work spans software licensing and implementation disputes, breach of service level agreements, data privacy and processing compliance, fintech and AI-related claims, and multi-jurisdictional and multi-party commercial disputes. He has particular experience in resolving issues relating to scope, quality, delay and cost overruns, as well as advising on distressed IT implementation projects, payment recovery, winding-up petition exposure and strategic settlement.

Pawel also advises on a broad range of general commercial disputes across sectors including life sciences, finance, manufacturing and consumer goods, encompassing high-value contractual claims, complex termination and enforcement matters, regulatory and disciplinary proceedings, and multi-party settlements. His sports practice includes advising on high-profile player transfers and defending clients in disciplinary proceedings brought by sporting regulators.

Prior to qualifying as a solicitor, Pawel worked as a teacher of History and Politics. He sits on the firm's Social Mobility committee, providing mentoring support to promote access to the legal profession.

Key Experience

Technology disputes

• Multi-jurisdictional dispute involving the potential negligent implementation of software by a subcontractor
• High-stakes commercial dispute with a technology provider concerning alleged breaches of a software agreement involving complex compliance requirements
• Payment dispute on behalf of a technology start-up, leveraging the client's contractual right to suspend services
• Advising a fintech start-up seeking to terminate a long-term investment agreement with a major investor
• Portfolio of data privacy disputes on behalf of technology companies involving alleged breaches of data protection legislation
• Defending an AI company against a claim from former advisors regarding work allegedly contracted
• Complex multi-party commercial settlement involving customer claims and sub-contractor flow-down claims arising from a hardware implementation project

Commercial disputes

• Commercial dispute arising from the failed development of a technology product prototype, involving a counterclaim for breach of contract
• Threatened arbitration proceedings arising from a commercial agreement, raising complex jurisdictional questions regarding an ambiguous arbitration clause
• Liquidated damages claim in the manufacturing sector arising from the late delivery of goods, raising issues as to whether the clause constituted an unenforceable penalty

Sports disputes

• Acted on behalf of Marcus Rashford in connection with his temporary loan from Manchester United FC to FC Barcelona
• Regulatory disciplinary proceedings raising novel issues regarding the interpretation of the regulatory code

Career History

Associate, Mishcon de Reya LLP
Associate, Deloitte LLP
Trainee Solicitor, Deloitte LLP
Wimbledon High School GDST, Teacher of History and Politics
The University of Law, Graduate Diploma in Law
University of Warwick, Politics, International Studies and French