Investment arbitration

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.

We support:

Foreign investors who have invested in Poland

Polish investors who have invested anywhere in the world

States which are being sued based on investment treaties

How can we help?

Advising:

  • during the investment’s planning stage and when choosing the investment’s optimal nature and structure, to ensure that it is fully protected by international law,

  • when negotiating agreements between investors and state authorities,

  • during litigation before the common courts or arbitral proceedings.

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

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

Dr Filip Balcerzak L.LM, Ph.D.

Author of a monograph published by an international publishing house (Brill – Nijhoff), entitled “Investor– State Arbitration and Human Rights”

Our experience

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.

Advising a Polish investor on the structure of their foreign investment to ensure that it benefitted from the full protection of international investment law.

Advising a powerful investor on the benefits and risks of commencing arbitration based on an bilateral investment treaty.

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).

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Piotr Spaczyński

Piotr Spaczyński

Managing Partner

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Filip Balcerzak, LL.M., Ph.D.

Filip Balcerzak, LL.M., Ph.D.

Counsel

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