“Philipp Kurek is one of the very few people in the field who has the level of experience, knowledge and intellect required to win cases in this field. He is of superstar quality and a fantastic lawyer overall in the fields of commercial and investor-state arbitration.”

The Legal 500 UK 2024

“Phil Kurek is very easy to deal with, incredibly responsive, insightful and distills complex matters to the key considerations and needed.”

The Legal 500 UK 2024

Biography

Philipp specialises in international arbitration, representing clients and providing strategic legal advice in both institutional and ad hoc arbitration proceedings across a wide range of sectors and regions.  

Philipp’s practice includes both investment arbitration, as well as commercial arbitration under all major institutional rules.

Philipp’s investment arbitration expertise (including under the ICSID and UNCITRAL Rules) has seen him represent clients operating in several global industries, including technology, telecommunications, energy, infrastructure, logistics, real estate, financial services, tax, media, health care, and aerospace. Philipp’s focus on global arbitration has led to him representing international clients in claims against several states in the following regions: Central and South America, the Middle East, Europe and Asia.

Philipp also regularly acts for clients in commercial arbitrations around the world, and in this context has acted for clients in relation to a wide variety of disputes, including joint venture, shareholder, finance, private equity/M&A, regulatory, and pharma disputes, as well as many other contractual and non-contractual claims.

Philipp is ranked in Chambers & Partners UK 2024 for International Arbitration, where he is recognised as a “top notch” investment arbitration specialist, with clients commending Philipp for being an “exceptional lawyer” and being “incredibly bright, hard-working and pay[ing] great attention to detail”, as well as having “great client management skills” and being “highly dedicated to delivering outcomes”.

Philipp has also been recognised by The Legal 500 UK 2024, and is included in The Legal 500’s Arbitration Powerlist, with clients describing Philipp as being “of superstar quality and a fantastic lawyer overall in the fields of commercial and investor-state arbitration”, and commending his “level of experience, knowledge and intellect required to win cases in this field”.

Philipp is furthermore recognised by Who’s Who Legal 2024 as a Future Leader in arbitration, as well as being included in LawDragon’s list of 500 Leading Global Litigators.

Experience

Investment Arbitration

  • Representing a leading global technology enterprise in an investment treaty dispute with a South American state arising out of the illegal expropriation of an investment in the hydrocarbons sector.
  • Representing a Middle Eastern logistics company in ICSID arbitration proceedings against a Middle Eastern state in connection with the expropriation of its investment in the telecommunications sector.
  • Representing a Western European services company in ad hoc UNCITRAL arbitration proceedings against a South American state in connection with economic measures targeting the investor’s customs infrastructure investment.
  • Representing an Asian insurance company in ICSID arbitration proceedings against a Central European state in relation to the expropriation of an investment in the financial sector.
  • Advising an Asian investor with respect to a multi-billion-dollar infrastructure investment in a Central American state.
  • Advising a group of Central American investors in respect of an investment treaty claim against a Southern European state in relation to the resolution of a European bank.
  • Advising an American private equity firm with respect to an investment treaty claim against an Asian state in relation to currency control measures targeting real-estate investments.
  • Advising a Western European private equity firm in relation to an investment treaty claim against an Eastern European state in relation to the state’s tax and competition authorities targeting an investment in the media sector.
  • Advising a Central European bank with respect to an investment treaty claim against a Middle Eastern state in relation to the state’s discriminatory treatment of its investment in the financial sector.
  • Advising a Central European investor in relation to an investment treaty claim against an Eastern European state in connection with unlawful conduct by the local courts concerning an investment in the intellectual property sector.
  • Advising a Central European bank in relation to an investment treaty claim against an Asian state in connection with misconduct by the local courts affecting an investment in the technology sector.
  • Advising a group of noteholders in connection with an investment treaty claim against a Central European state in connection with the European financial crisis.
  • Advising a group of bondholders in relation to a treaty claim against a Southern European state in connection with the European financial crisis.
  • Advising a leading global health insurance provider in connection with a treaty claim against a South American state.
  • Advising a leading aerospace manufacturer in relation to treaty claims against an Asian state.
  • Representing a European real estate company in an ECHR claim against a Central European state.
  • Advising a leading global alternative investment company in a dispute against the European Union relating to a real estate investment in a Western European country.

International Commercial Dispute Resolution

  • Representing a leading pharmaceutical company in a number of ICC arbitration proceedings relating to the development, regulatory approval, and commercialisation of a novel neuromodulator product, as well as breaches of a distribution agreement involving numerous jurisdictions around the world.
  • Representing a global logistics company in a number of ICC arbitration and mediation proceedings, Lebanese arbitration proceedings, as well as a number of court and regulatory proceedings in various jurisdictions, in relation to multiple shareholder and finance disputes.
  • Representing a European real estate company in international litigation and arbitration proceedings involving a multitude of claims and cross claims of several billion Euros arising out of transactions in a number of jurisdictions worldwide.
  • Representing a leading biopharmaceutical company in relation to ICC arbitration proceedings concerning the breach of non-compete provisions in a joint venture agreement.
  • Representing a US private equity company in connection with shareholder disputes and an unfair prejudice and derivate claim in the English courts.
  • Representing a leading aerospace manufacturer in relation to enforcement proceedings against Russian and Ukrainian state-owned entities.
  • Representing a US private equity company in ICC arbitration proceedings against a Turkish entity concerning an investment in Turkey.
  • Acting for a US chemical industry company in claim concerning alleged breaches of a gas supply agreement.
  • Advising a leading aerospace manufacturer in relation to contractual claims against an Asian state.

Publications

Navigating the protections afforded by international investment laws – Water Magazine  – 20 February 2024

How international law can help Thames Water investorsInfrastructure Investor – 1 February 2024

Areas of Expertise

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