Globalisation has increased the number of international investments and, inevitably, it has also increased the frequency of disputes between foreign investors and the countries where they invest. Such disputes can be resolved by international arbitration in a neutral venue, outside the realms of the national courts of either party to the dispute.
The realities of conducting business in a foreign country may transpire to be far from perfect, despite most states claiming to welcome foreign investment and declaring themselves open to investors. If a dispute arises between an investor and the state where they have invested, it can be resolved through international investment arbitration. Investment arbitration is an attractive alternative to resolving a dispute before the common courts of the country which is a party to the dispute.
Arbitration is an extremely effective dispute resolution method. It can be based on international investment treaties which guarantee that entrepreneurs are treated fairly and justly by the country where the investment is located. This includes prohibiting discrimination against investors, guaranteeing them compensation for expropriation and ensuring the free transfer of capital. It is possible to include the option to resolve disputes by arbitration in the investment agreement concluded between the entrepreneur and the state.
At any stage of the dispute concerning completed investments:
We also offer support within the scope of domestic law (as the local counsel) for international teams conducting arbitral proceedings.
An arbitrator on CIETAC’s Panel of International Investment Arbitrators, organised by the China International Economic and Trade Arbitration Commission, the world’s largest arbitration institution
Author of a monograph published by an international publishing house (Brill – Nijhoff), entitled “Investor– State Arbitration and Human Rights”
Representing the respondent in arbitration proceedings instituted by Servier et al. based on a bilateral investment treaty.
Supporting an international legal team which represented a claimant in arbitration based on a bilateral investment treaty.
Advising the Polish state in post-arbitration proceedings initiated by Flamingo DutyFree Shop to enforce a judgment of a foreign arbitral tribunal.
Planning organizational structures to maximise the protection that international investment law offers to foreign investments made by Polish investors.
Assessing the grounds for initiating proceedings pursuant to international investment treaties, issuing opinions on the related risks and costs.
Representing parties in numerous commercial arbitration proceedings, both at an international level (inc. at the ICC, LCIA and ICDR/AAA) and domestic level (inc. before the Lewiatan Arbitration Court and the Polish Chamber of Commerce’s Court of Arbitration).