Filip Balcerzak

Practice Areas

✔️ Arbitration, Dispute Resolution

Career

Filip has served as an arbitrator in almost sixty arbitrations, as a presiding arbitrator, side arbitrator, sole arbitrator and emergency arbitrator. He specialises in the resolution of domestic and international commercial disputes. He has experience in advising and handling cases before international arbitral tribunals (including ad hoc arbitrations in New York and London).

He successfully combines his professional practice with academic work. He is a lecturer in law at Brunel University of London (United Kingdom) and an assistant professor at the Faculty of Law and Administration of Adam Mickiewicz University in Poznan (Poland).

The European Commission nominated Filip as a candidate arbitrator and expert on trade and sustainability in disputes regarding trade agreements between the EU and third countries.

Professional Memberships

Recommended arbitrator (and emergency arbitrator where applicable) at the following institutions:

1. ICDR/AAA (the International Centre for Dispute Resolution, international division of the American Arbitration Association), United States,

2. LCIA (London Court of International Arbitration), United Kingdom,

3. HKIAC (Hong Kong International Arbitration Centre), Hong Kong SAR,

4. SCIAHK (South China International Arbitration Center HK), Hong Kong SAR,

5. AC BCCI (Arbitration Court at the Bulgarian Chamber of Commerce and Industry), Bulgaria,

6. SCIA (Shenzhen Court of International Arbitration), China,

7. RAC (Riga Arbitration Court), Latvia,

8. VCCA (Vilnius Court of Commercial Arbitration), Lithuania,

9. MIAC (Maldives International Arbitration Centre), Maldives,

10. CAM (Arbitration Center of Mexico), Mexico,

11. CAPCC (Court of Arbitration at the Polish Chamber of Commerce), Poland,

12. Lewiatan (Lewiatan Court of Arbitration), Poland,

13. QICCA (Qatar International Center for Conciliation & Arbitration), Quatar,

14. CCIR (Court of International Commercial Arbitration), Romania,

15. AFSA (International Division of the Arbitration Foundation of Southern Africa), South Africa,

16. EDAC (Energy Disputes Arbitration Center), Turkey.

Nominated as an arbitrator in almost sixty cases in all capacities: as a presiding arbitrator, side arbitrator, sole arbitrator and an emergency arbitrator. Professional experience and recognition as an arbitrator is evidenced by Fellowship of the Chartered Institute of Arbitrators.

Publications

Books:

“Renewable Energy Arbitration – Quo Vadis? Implications of the Spanish Saga for International Investment Law” (https://brill.com/display/title/61784)

“Diversity in International Arbitration. Why it Matters and How to Sustain It” (https://www.e-elgar.com/shop/gbp/diversity-in-international-arbitration-9781803920030.html)

“Investor – State Arbitration and Human Rights” (https://brill.com/view/title/34356)

Selected chapters and articles (full list of publications is available at: https://orcid.org/0000-0001-8579-9162):

◾️ “The Role of Customary International Law in International Investment Law Remedies. The Curious Case of Natural Resources”, in: P. Merkouris, A. Kulick, J. M. Álvarez-Zarate and M. Żenkiewicz (eds.), Custom and its Interpretation in International Investment Law (https://doi.org/10.1017/9781009255462.016)

◾️ “Human Rights-Compatible International Investment Agreements: A Voice From Central & Eastern Europe and Central Asia” (https://doi.org/10.1017/bhj.2023.3)

◾️ “Horthel v. Poland. Fair and Equitable Treatment embodies the Rule of Law, whereas “tax” is not always a tax” (https://doi.org/10.1093/icsidreview/siac024)

◾️ “Jurisdiction and Admissibility in Investment Treaty Arbitration – A Human Rights Perspective” (https://www.nomos-elibrary.de/10.5771/9783748914068-119/chapter-4-jurisdiction-and-admissibility-ininvestment-treaty-arbitration-a-human-rights-perspective?page=1)

◾️ “Manchester Securities v Poland: Denial of Justice in the European Union” (https://doi.org/10.1093/icsidreview/siaa057)

◾️ “Publication of Investment Treaty Awards: The Qualified Potential of Domestic Access to Information” (https://ugp.rug.nl/GROJIL/article/view/31117)

◾️ “Jurisdiction of Tribunals in Investor-State Arbitration and the Issue of Human Rights” (https://doi.org/10.1093/icsidreview/sit039)

◾️ “Determination of Compensation in Investor–State Arbitrations: Is There a Place for Human Rights Arguments?” (https://brill.com/view/book/edcoll/9789004270190/B9789004270190_008.xml)

Experience

Experience includes acting as an arbitrator in cases concerning:

International Trade (Sale of Goods)

◾️ sale of printing devices to a purchaser based in a state subject to international sanctions;

◾️ sale of crops;

◾️ sale of crude oil.

Energy/Natural Resources

◾️ several cases concerning investment agreements in renewable energy power plants;

◾️ construction of a power plant;

◾️ termination of a long-term gas supply contract.

Real Estate

◾️ several cases concerning the impact of COVID-19 on lease agreements for shopping malls and offices spaces,

◾️ including counter-claims to amend long-term contracts based on a significant change of circumstances (rebus sic stantibus);

◾️ several cases concerning the non-performance of various obligations under lease agreements.

Construction

◾️ steel production-facility construction;

◾️ construction of a residential building;

◾️ construction works of ammunition depots;

◾️ guarantee for warehouse construction works;

◾️ performance of a real estate construction contract;

◾️ construction of a power plant;

◾️ construction of a warehouse and a related counter-claim to terminate the agreement due to a significant change of circumstances (rebus sic stantibus).

Technology:

◾️ IT system and related obligations related to a taxi corporation;

◾️ provision of IT solutions services for shopping malls;

◾️ agreement to develop software for a state-owned agency.

Long-Term Investments:

◾️ post-M&A disputes;

◾️ auto vehicles distribution agreements;

◾️ share-purchase agreement in a med-tech company, and responsibilities arising out of certain events of default.

Work Highlights

◾️ Representing clients in cases concerning domestic and international sale of goods, often involving the application of the CISG (1980 Vienna Convention on International Sale of Goods)

◾️ Providing day-to-day legal advice to one of the leading US-based multinational corporations in its daily operations in Poland as regards litigation with distributors and contractors, and representing the client in court proceedings

◾️ Providing advice to one of the leading Canadian mining companies in various contentious matters vis-à-vis state agencies during the process of obtaining mining permits

◾️ Representing a client in a case concerning unfair competition using Google Ads (previously AdWords), which resulted in an unprecedented compensation granted by a state court in Central and Eastern Europe

◾️ Representing clients in cases at the ICDR/AAA in disputes arising out of franchise agreements concerning a chain restaurant

◾️ Representing clients in various cases regarding long-term cooperation agreements, such as franchise agreements, distribution agreements and post-M&As

◾️ Advising on an international lease agreement of an aircraft, insofar as concerned dispute settlement and the multi-jurisdictional execution of rights and obligations

Expert in these Jurisdictions

Poland, Spain, England

Languages Spoken

Polish, English, Spanish

Education