Investment arbitration

Globalisation has resulted in an increased number of international investments. Inevitably, this also means an increase in the number of disputes between foreign investors and the countries that they are investing in. Such disputes can be solved by international arbitration, i.e. in a neutral venue that is not ruled on by the courts of either side involved in the dispute.

 

The reality of doing business in a country may turn out to be far from perfect, although the majority of states welcome foreign investment and declare that they are open to investors. In the case of any dispute between an investor and the country that they are investing in, the issue can be resolved through recourse to international investment arbitration. Investment arbitration is an attractive alternative to resolving a dispute before the common courts of the country where a loss was incurred.

Arbitration is also an effective method of solving disputes. It can be based on international investment treaties, which guarantee the fair and just treatment of the entrepreneurs by the country where the investment was executed i.e. no discrimination, compensation for expropriation and the free transfer of funds. This option can also be included in the investment agreement concluded by the entrepreneur and the state.

We support:

Foreign investors who invest in Poland

Polish investors who invest abroad – in any country around the world

Countries which have been notified about an investment dispute

How can we help?

Consultancy:

  • at the stage of investment planning, during the optimisation of the form and structure of an investment, so that it is fully covered by the protection of  international law,

  • while drawing up the agreements between the investors and the state authorities,

  • in representation before common courts in proceedings connected with the arbitration.

At any stage of the dispute concerning completed investments:

  • assessing whether a given investment is subject to the protection offered by international law and whether the international law has been infringed,
  • negotiations of amicable dispute resolution,
  • drawing up a realistic, feasible strategy, and
  • comprehensive arbitral proceedings.

We also offer support within the scope of domestic law (as the local counsel) for international teams conducting arbitral proceedings.

Individual experience

Piotr Spaczyński

is on the list of arbiters Panel of International Investment Arbitrators CIETAC, run by China International Economic and Trade Arbitration Commission; the largest arbitration institution in the world

Dr Filip Balcerzak L.LM

the author of a monography published by the international publishing house, Brill – Nijhoff, entitled The investor – state arbitration and human rights

Our experience

Representation of a respondent in the arbitration proceedings that was instituted by Servier et al. based on the bilateral investment treaty.

Consulting for an international team of lawyers representing a claimant in the arbitration proceedings based on the bilateral investment treaty.

Consulting for a state in a case brought by Flamingo DutyFree Shop in the post-arbitration proceedings that concern the enforcement of a foreign judgment of an arbitration court.

Planning the structure of an investment in order to ensure the maximum protection of the international investment law for Polish investors abroad.

Assessment of the reasonableness of commencing arbitration based on bilateral investment treaty, assessment of the related risks and costs.

Representing parties in numerous cases of commercial arbitration, at the international level (among others under ICC, LCIA and ICDR/AAA) and at the domestic level (among others under SA KIG and Lewiatan).

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Piotr Spaczyński

Piotr Spaczyński

Partner zarządzający

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Wojciech Jaworski

Wojciech Jaworski

Partner

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dr Filip Balcerzak, LL.M.

dr Filip Balcerzak, LL.M.

Counsel

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