Filip Balcerzak

Practice Areas

Arbitration

Career

Seasoned lawyer, who left partnership at one of the leading Polish law firms to become a fully independent arbitrator and an academic. He has served as an arbitrator in more than seventy arbitrations, as a presiding arbitrator, side arbitrator, sole arbitrator and emergency arbitrator. 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.

Fellow of the Chartered Institute of Arbitrators.

Lecturer in Law (United Kingdom), Associate Professor (Poland).

Attorney at Law (Poland, Spain).

Ph.D. (2016, Poland, 2024, Spain), LL.M. (2011, Canada).

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 over seventy 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.

Included in the European Commission’s list of individuals eligible for appointment as arbitrators and trade and sustainable development (TSD) experts in bilateral disputes under trade agreements between the European Union and third countries.

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:

“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)

Full list available at:

https://orcid.org/0000-0001-8579-9162

https://www.brunel.ac.uk/people/filip-balcerzak/publications

https://researchportal.amu.edu.pl/info/author/UAM206785

Languages Spoken

Polish, English, Spanish

Experience

Arbitrator experience includes acting as a sole arbitrator, side-arbitrator, presiding arbitrator and emergency arbitrator in over seventy cases, such as, for example, concerning:

Trade (Sale of Goods)

1. Sale of medical equipment supplies

2. Sale of sports equipment

3. Sale of dedicated machinery to a steel mill

4. Sale of food products

5. International sale of printing devices to a purchaser based in a state subject to international sanctions

6. International sale of crop

7. International sale of crude oil

Energy/Natural Resources

8. An international dispute concerning an investment agreement in renewable energy power plants

9. A dispute concerning a PV power plant

10. A dispute concerning wind energy power plant

11. A dispute concerning termination of a long-term gas supply contract

Real Estate

12. 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)

13. The non-performance of various obligations under lease agreements

Construction

14. A guarantee for shopping mall construction works

15. A steel production-facility construction

16. The construction of a residential building

17. The quality of construction works of military infrastructure

18. A guarantee for warehouse construction works

19. The performance of a real estate construction contract

20. The construction of a power plant

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

Technology

22. An IT system and related obligations related to a taxi corporation

23. The provision of IT solutions services for shopping malls

24. An agreement to develop software for a state-owned agency

Long-Term Investments

25. A post-M&A dispute

26. An agreement on a joint application seeking public funding for research projects

27. Auto vehicles distribution agreements (two cases)

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

Expert in these Jurisdictions

Poland, Spain, England

Work Highlights

Arbitrator experience includes acting as a sole arbitrator, side-arbitrator, presiding arbitrator and emergency arbitrator in over seventy cases, including ICC, ad hoc arbitrations under UNCITRAL Rules, ad hoc arbitrations under domestic laws implementing UNCITRAL model law, as well as ad hoc arbitrations under rules drafted especially for specific public infrastructure project.

Education