Bart Wasiak represents sovereign States and private-sector clients in complex, high-stakes international arbitrations. He has particular expertise in investment treaty arbitration, and has served as counsel in more than 20 arbitrations administered by the International Centre for 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.
Bart is ranked in Chambers Global and Chambers UK, recognized as a “Future Leader” in the Lexology Index (formerly Who’s Who Legal), and listed in Legal 500 as a “key lawyer” in the areas of international arbitration and public international law. According to clients, Bart is “very knowledgeable,” “extremely diligent” and “always on top of the detail.” “You can trust your case with him and let him lead the way with complete confidence.”
Bart is the Chair of the International Disputes Division of the American Bar Association (ABA), a Fellow of the Chartered Institute of Arbitrators (FCIArb), 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 the State was awarded a proportion of its costs and legal fees.
- Successfully represented leading Turkish company Karkey Karadeniz Elektrik Uretim A.S. in an ICSID arbitration against the Islamic Republic of Pakistan. The tribunal unanimously ruled in favor of the investor, finding Pakistan liable and ordering Pakistan to pay approximately US$800 million in damages (including interest), one of the then-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 the Republic of Korea in an investment arbitration filed at ICSID by subsidiaries of U.S. private equity fund Lone Star (LSF-KEB Holdings SCA and others) involving a dispute in the banking sector and claims totaling approximately US$4.4 billion. The tribunal dismissed all but one of the claims and granted the claimants less than 5% of the amount claimed.
- Successfully represented Hungary in two ICSID arbitrations initiated by former owners of radio broadcasting licenses (Emmis Holding B.V. and others v. Hungary and Accession Mezzanine Capital LP and others v. Hungary). In both cases, the tribunals dismissed all claims for lack of jurisdiction.
- Successfully represented Hungary in Electrabel v. Hungary, an investment arbitration under the Energy Charter Treaty arising out of Hungary's termination of an electricity generator's Power Purchase Agreement. The tribunal dismissed all of the claimant’s claims.
- Successfully represented the Czech Republic in an UNCITRAL rules arbitration filed by Natland Investment Group N.V. and others involving a dispute in the renewable energy sector. The tribunal awarded damages equivalent to 15.8% of the highest amount of damages that the claimants had sought in the arbitration.
- 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 ultimately withdrew all of its claims.
- 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
Recognition
Credentials
Education
- Legal Practice Course, BPP University Law School
- LL.B., University of Nottingham and University of Texas at Austin
Admissions
- England and Wales
- New York
Activities
- Co-Chair, American Bar Association (ABA) International Arbitration Committee
- Associate Practitioner, University of Nottingham Commercial Law Centre
- Fellow, Chartered Institute of Arbitrators (FCIArb)
- Member, American Society of International Law (ASIL)
- Member, International Council for Commercial Arbitration (ICCA)
Languages
- Polish