
Dr Filip Balcerzak
Lecturer in Law
Elliott Jaques 004
- Email: filip.balcerzak@brunel.ac.uk
- Tel: +44 (0)1895 266555
Summary
Fellow of the Chartered Institute of Arbitrators
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.
He has served as an arbitrator in almost 60 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).
Recommended arbitrator (and emergency arbitrator where applicable) at the following institutions:
- ICDR/AAA (the International Centre for Dispute Resolution, international division of the American ArbitrationAssociation), United States,
- LCIA (London Court of International Arbitration), United Kingdom,
- HKIAC (Hong Kong International Arbitration Centre), Hong Kong SAR,
- SCIAHK (South China International Arbitration Center HK), Hong Kong SAR,
- AC BCCI (Arbitration Court at the Bulgarian Chamber of Commerce and Industry), Bulgaria,
- SCIA (Shenzhen Court of International Arbitration), China,
- RAC (Riga Arbitration Court), Latvia,
- VCCA (Vilnius Court of Commercial Arbitration), Lithuania,
- MIAC (Maldives International Arbitration Centre), Maldives,
- CAM (Arbitration Center of Mexico), Mexico,
- CAPCC (Court of Arbitration at the Polish Chamber of Commerce), Poland,
- Lewiatan (Lewiatan Court of Arbitration), Poland,
- QICCA (Qatar International Center for Conciliation & Arbitration), Quatar,
- CCIR (Court of International Commercial Arbitration), Romania,
- AFSA (International Division of the Arbitration Foundation of Southern Africa), South Africa,
- EDAC (Energy Disputes Arbitration Center), Turkey.
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
- investment agreement in renewable energy power plants;
- 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 (rebussic 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 significantchange 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 ofdefault.
Qualifications
LL.M. (2011, Canada), Ph.D. (2016, Poland, 2024, Spain)
Newest selected publications
Balcerzak, F. (2024) 'Stability and Legitimate Expectations in International Energy Investments, written by Rahmi Kopar'. The Journal of World Investment & Trade, 25 (1). pp. 131 - 143. ISSN: 1660-7112
Balcerzak, F. and Drozd, S. (2024) 'Human Rights-Compatible International Investment Agreements: A Voice from Central & Eastern Europe and Central Asia'. Business and Human Rights Journal, 9 (1). pp. 157 - 162. ISSN: 2057-0198
Balcerzak, F. (2024) 'International Investment Law and Arbitration in the Renewable Energy Sector – Quo Vadis?'. Global Energy Law and Sustainability, 5 (1). pp. 51 - 61. ISSN: 2632-4512
Balcerzak, F. (2024) 'The Role of Customary International Law in International Investment Law Remedies', inCustom and its Interpretation in International Investment Law. Cambridge University Press. pp. 284 - 306. ISBN 13: 9781009255424.
Balcerzak, F. (2023) 'Horthel v Poland:1 Fair and Equitable Treatment Embodies the Rule of Law, Whereas‘Tax’Is Not Always aTax'. ICSID Review, 38 (1). pp. 25 - 38. ISSN: 0258-3690