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Bart Wasiak represents sovereign States and private-sector clients in complex, high-stakes international arbitrations. He has particular expertise in investment treaty arbitration, having served as counsel in more than 20 arbitrations administered by the International Centre for the Settlement of Investment Disputes (ICSID) and the Permanent Court of Arbitration (PCA). He has advised clients in relation to a broad range of disputes, including in the banking, energy, mining, shipping, and telecommunications sectors.

Mr. Wasiak is listed as a “Future Leader” by Who's Who Legal and is recognized by The Legal 500 as a “key lawyer” in the areas of international arbitration and public international law (2022-2023). According to clients, “[y]ou can trust your case with him and let him lead the way with complete confidence.” “Bart is a very dedicated, attentive and hands-on lawyer.” (Who's Who Legal: Arbitration, Future Leaders 2024)

Mr. Wasiak is a Co-Chair of the ABA International Arbitration Committee, a Fellow of the Chartered Institute of Arbitrators (CIArb), and an Associate Practitioner at the University of Nottingham Commercial Law Centre. He frequently speaks and writes on international law subjects.

Experience

  • Successfully represented the Czech Republic in six separate investment arbitrations in the photovoltaic renewable energy sector, filed under the Energy Charter Treaty and several bilateral investment treaties. All claims against the Czech Republic were fully dismissed, and in addition the State was awarded a proportion of its costs and legal fees.
  • Successfully represented Karkey Karadeniz Elektrik Uretim A.S., a leading Turkish energy company, in an ICSID arbitration against the Islamic Republic of Pakistan. The tribunal unanimously ruled in favour of Karkey Karadeniz Elektrik Uretim A.S., finding Pakistan liable and ordering Pakistan to pay approximately US$800 million in damages (including interest), one of the largest damages awards in ICSID history.
  • Successfully represented the Republic of Bulgaria in an ICSID arbitration initiated by the State General Reserve Fund of the Sultanate of Oman. The dispute related to an investment in the Bulgarian banking sector. The tribunal dismissed the totality of the claimant's claims and awarded Bulgaria all of its legal fees and costs.
  • Successfully represented Hungary in two ICSID arbitrations (Emmis Holding B.V. et al. v. Hungary and Accession Mezzanine Capital LP et al. v. Hungary). In both cases, the tribunals dismissed all claims for lack of jurisdiction.
  • Successfully 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.
  • Successfully represented the Kyrgyz Republic in a US$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 the Kyrgyz Republic.

Perspectives

Arnold & Porter and Essex Court Chambers Panel Discussion on Ethical Issues in International Arbitration
Moderator, Arnold & Porter and Essex Court Chambers Panel Discussion
Revised ICSID Arbitration Rules: Key Changes and Their Implications
Speaker, Cambridge Arbitration Day
How To Develop a Career in International Arbitration
Speaker, University of Nottingham School of Law
Is it time for Investor State Mediation?
Speaker, Chartered Institute of Arbitrators (CIArb) webinar
Investor-State Mediation: Here At Last?
Moderator, American Bar Association International Law Section’s Fall Conference, Madrid, Spain
More

Recognition

The Legal 500 UK
Public International Law (2021-2023)
International Arbitration (2022-2023)

Credentials

Education

  • Legal Practice Course, BPP Law School
  • LL.B., University of Nottingham and University of Texas

Admissions

  • England and Wales
  • New York

Activities

  • Co-Chair of the International Arbitration Committee of the American Bar Association (ABA)
  • Associate Practitioner, University of Nottingham Commercial Law Centre
  • Fellow, Chartered Institute of Arbitrators (FCIArb)
  • Member, CEDR Investor-State Mediation Practitioner Advisory Group
  • Member, American Society of International Law (ASIL)
  • Member, International Council for Commercial Arbitration (ICCA)
  • Member, Young EFILA

Languages

  • Polish
Overview