Bart Wasiak

Bart Wasiak's practice focuses on representing sovereign States and private-sector clients in international arbitration proceedings. To date, Mr. Wasiak has served as counsel in more than 15 investment-treaty arbitrations under the ICSID and UNCITRAL arbitration rules, as well as ad hoc arbitrations. He has advised clients in relation to a broad range of disputes, including in the energy, banking, mining and shipping sectors.

Experience

Representing the Kingdom of Thailand in an ongoing UNCITRAL Rules arbitration relating to the mining sector.
Representing the Czech Republic in five ongoing investment-treaty arbitrations relating to the renewable energy sector.
Representing the Republic of Korea in an ongoing ICSID arbitration relating to bank regulation and taxation matters.
Representing the Czech Republic in an ongoing ad hoc arbitration under the Switzerland-Czech Republic Bilateral Investment Treaty.
Representing the Republic of Bulgaria in an ongoing ICSID arbitration relating to electricity sectors.

Successfully represented the Republic of Bulgaria in an ICSID arbitration initiated by the State General Reserve Fund of the Sultanate of Oman (ICSID Case No. ARB/15/43). The dispute related to an investment in the Bulgarian banking sector. In August 2019, the tribunal dismissed the totality of the claimant's claims and awarded Bulgaria all of its legal fees and costs. The tribunal's award followed a withdrawal of the claims by the claimant, following Bulgaria's final written submission on the merits and shortly before the hearing.
Successfully represented Karkey Karadeniz Elektrik Uretim A.S., a leading Turkish energy company, in an ICSID arbitration against the Islamic Republic of Pakistan. In August 2017, the tribunal unanimously issued a final award in our client's favour, finding Pakistan liable under the Turkey-Pakistan bilateral investment treaty, and ordering Pakistan to pay approximately $800 million in damages (including interest), one of the largest damages awards in ICSID history.
Successfully represented the Czech Republic in an ad hoc investment-treaty arbitration, filed by Jürgen Wirtgen, Stefan Wirtgen, Gisela Wirtgen and JSW Solar (zwei) GmbH & Co.KG under the Germany-Czech Republic bilateral investment treaty. The dispute related to investments in the Czech renewable energy sector. In an award issued in October 2017, a majority of the tribunal dismissed all of the claimants' claims.
Successfully represented the Czech Republic in an investment arbitration under the UNCITRAL Rules, filed by Antaris GmbH and Dr. Michael Göde under the Energy Charter Treaty and the Germany-Czech Republic bilateral investment treaty. The dispute related to investments in the Czech renewable energy sector. In an award issued in May 2018, a majority of the tribunal dismissed all of the claimants' claims and ordered the claimants to pay the Czech Republic $2 million in attorneys' fees and costs.
Successfully represented the Government of Hungary in two ICSID arbitrations (Emmis Holding B.V. et al. v. Hungary and Accession Mezzanine Capital LP et al. v. Hungary), securing dismissal of all claims for lack of jurisdiction.
Represented the Slovak Republic in an investment treaty arbitration under UNCITRAL Rules initiated by a Dutch claimant in relation to electricity tariff measures. The claimant withdrew all claims (without prejudice), days before the final hearing.

Represented the Kyrgyz Republic in a $600 million ICSID Additional Facility investment arbitration (Consolidated Exploration Holdings Ltd. and others v. Kyrgyz Republic) in relation to the cancellation of a gold mining license. The case settled in 2015, on terms satisfactory to our client.
Advised several investors concerning potential claims against States under investment protection agreements.

Perspectives

April 8, 2019

Corruption After Establishment: Should it Disqualify Otherwise Meritorious Claims?

Thirteenth Annual Investment Treaty Arbitration Conference, Washington, DC

February 1, 2019

Parallel Proceedings and Consolidation of Related Arbitrations

Tour de Arbitration conference, Paris

October 24, 2018

KPMG Session on Quantum

8th Investment Treaty Arbitration Conference, Prague, Czech Republic

December 8, 2017

Investment treaty arbitration in practice: a counsel's perspective

School of Law, University of Nottingham, Notthingham, UK

October 19, 2017

The Mauritius Convention on Transparency Enters into Force

Investment Claims

Credentials

Education

Legal Practice Course, BPP Law School
LLB, University of Nottingham and University of Texas

Admissions

England and Wales
New York

Activities

International Academy for Arbitration Law (Certificate)
Foundation for International Arbitration Advocacy (Certificate)

Languages

Polish

Experience

Perspectives

Credentials

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