Mischa Balen barrister at Atkin Chambers

Mischa Balen


Call 2011

“Mischa is a class act and a formidable opponent.”


The Legal 500

Mischa has significant expertise in both domestic and international commercial disputes. He handles disputes involving construction and engineering, infrastructure, energy and natural resources, shipbuilding, and professional liability, in the UK and abroad.

Mischa’s notable domestic construction experience includes the recent reported cases Ravestein BV v Trant Engineering Ltd [2023] EWHC 11 (TCC); AM Construction Ltd v The Darul Amaan Trust [2022] EWHC 1478 (TCC), and Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC), the first post-Brexit case to consider enforcement of an adjudication award where the underlying contract was subject to the exclusive jurisdiction of a foreign court.

Mischa’s recent international experience includes acting (unled) on behalf of a member of a contractor consortium in a three-week ICC arbitration concerning the termination of a major rail project in Asia, with a value of over €300 million.

Recognised as a leading junior by Chambers & Partners and The Legal 500, Mischa has earned a reputation for being “fiercely intelligent”, “tremendously hard-working” and ferociously efficient”, as well as responsive and user-friendly. Clients and peers laud his “compelling advocacy”, his adeptness at tackling complex disputes, and his “thoughtful and analytical” approach.

CONSTRUCTION, ENGINEERING & INFRASTRUCTURE

Mischa is a highly regarded construction litigator, ranked as a leading junior in construction by both Chambers & Partners and The Legal 500. Recognised for his “superb construction practice”, he handles disputes for both contractors and employers in adjudication, litigation and arbitration.

Mischa’s experience covers the entire spectrum of construction law. He advises on contractual entitlements to loss and expense, extensions of time under bespoke and standard form contracts, suspension and termination of works, and recoverability of damages for breach of contract. Familiar with industry-standard contract forms such as FIDIC, NEC, JCT, and ICE, Mischa has represented clients on projects ranging from small residential refurbishments to large-scale infrastructure developments, including airports, railways, and power plants.

Mischa possesses significant experience with PFI Contracts and has acted on disputes relating to the design and build and ongoing management and maintenance of schools and hospitals.

In adjudication, Mischa’s experience includes acting and advising in relation to claims for payment, claims for loss and expense, and claims for extensions of time. He has dealt with cases involving expert delay and quantum analysis, advised both employers and contractors on adjudication merits and procedure, and frequently acts in and advises on the enforcement of adjudication awards.

Recent adjudication experience includes:

  • Acting for a multinational company in several adjudications with its fit-out contractor over refurbishment works at its London headquarters;
  • Acting for a local authority in several adjudications with its architect over the design of a housing refurbishment scheme, and
  • Acting for a project company across a series of adjudications concerning defects in the design and construction of a group of schools.

Recent reported cases include:

  • Ravestein BV v Trant Engineering Ltd [2023] EWHC 11 (TCC), an appeal under section 69 of the Arbitration Act 1996;
  • AM Construction Ltd v The Darul Amaan Trust [2022] EWHC 1478 (TCC), a Part 8 claim concerning an adjudicator’s jurisdiction, and
  • Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC), the first post-Brexit case to consider enforcement of an adjudication award where the underlying contract was subject to the exclusive jurisdiction of a foreign court.

INTERNATIONAL ARBITRATION: TECHNOLOGY & CONSTRUCTION

Mischa has extensive experience working on projects across the Middle East, including Azerbaijan, Egypt, Iraq, Jordan, Libya, Oman, Qatar, Saudi Arabia, Turkey and the United Arab Emirates. He also has experience of disputes involving Korean contractors, having spent time working in Seoul, South Korea.

He is familiar with and has acted in disputes conducted under most major international arbitration rules, including the ICC Rules, LCIA Rules LMAA Rules, DIAC Rules and SIAC Rules.

Recent work includes:

  • Sitting as a sole arbitrator under the ICC’s expedited procedure (ICC Rules, London Seat).
  • Acting on behalf of an oil and gas operator in a dispute with its shipbuilder arising out of the construction of a Floating Production, Storage and Offloading Vessel offshore North Africa, together with the construction of a new subsea pipeline and tie-in to the existing drilling rig (ICC Rules, Paris Seat).
  • Acting (unled) in an arbitration between a Korean shipbuilder in a dispute concerning the construction of a Floating Production, Storage and Offloading Vessel for one of the largest liquefied natural gas projects in the world (LMAA Rules, London Seat).
  • Acting (unled) in a three-week arbitration on behalf of a member of a contractor consortium member in a dispute concerning the termination of a major rail project in Asia, with a value of over €300 million (ICC Rules, Zurich Seat; FIDIC Silver Book).
  • Acting in a two-week arbitration on behalf of a construction manager in a dispute arising from the construction of a billion-dollar multi-use development in the Caucuses, involving seven technical expert disciplines (ICC Rules, London Seat; FIDIC White Book).
  • Acting in a five-day arbitration for a fit-out subcontractor in its claim for loss and expense against the main contractor responsible for renovating a luxury hotel in Azerbaijan (ICC Rules, Zurich Seat).

PROFESSIONAL NEGLIGENCE

Ranked as a leading junior in professional negligence by The Legal 500 for multiple years, Mischa’s experience spans professional liability cases, particularly those involving construction or engineering components. He has worked on advising, drafting statements of case, and handling expert architectural, engineering, and quantum evidence.

Notably, Mischa acted as junior counsel in Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146; [2014] EWHC 556 (Ch) on behalf of the successful executive search firm claimant in a nine-day trial against a firm of City solicitors arising from the drafting of a partnership agreement. The Court of Appeal decision is one of the leading cases on the rules of remoteness in contract and tort.

ENERGY, NATURAL RESOURCES & UTILITIES

Mischa has experience advising on disputes arising from the construction, commissioning and operation of power plants, wind farms, and oil and gas facilities and pipelines. His experience covers projects in both the UK and internationally.

Some of his recent international work includes:

  • Acting on behalf of a consortium member in a joint venture dispute arising from the construction of a power plant in the Middle East (SIAC Rules, Singapore Seat; FIDIC Silver Book).
  • Acting on behalf of an oil and gas operator in a dispute with its shipbuilder regarding the construction of a Floating Production, Storage and Offloading Vessel offshore North Africa, together with the construction of a new subsea pipeline and tie-in to the existing drilling rig (ICC Rules, Paris Seat; FIDIC White Book).
  • Acting on behalf of a Korean contractor in a defects dispute surrounding the operation of a processing plant in Qatar (ICC Rules, Seoul Seat).
  • Acting on behalf of a contractor in a delay and disruption dispute by its tank farm subcontractor in connection with an oil production facility (LCIA Rules, London Seat).

In his recent domestic work, Mischa has advised an employer on disputes arising from the construction and performance of a biomass CHP plant under a bespoke contract, and assisted an employer in a dispute related to the operation of a nuclear power plant.

SHIPBUILDING

Mischa’s work also extends to shipbuilding, both domestically and internationally. Currently acting (unled) in a dispute involving a Korean shipbuilder and a subcontractor, he has also represented an oil and gas operator in a dispute with a shipbuilder over a Floating Production, Storage, and Offloading Vessel offshore North Africa. In the UK, Mischa recently acted on behalf of a major shipyard in a claim regarding the refurbishment of its facilities.

APPOINTMENTS & PUBLICATIONS

APPOINTMENTS

Supervisor, MSc Construction Law, King’s College London (2016 to present)

Non-Stipendiary Tutor in Law, Regent’s Park College, Oxford University (2012 to 2013)

Tutor and Examiner in Law, King’s College London (2010 to 2011)

PUBLICATIONS

Mischa is a Contributing Editor to Hudson’s Building and Engineering Contracts (Sweet & Maxwell, 14th edn, 2020).

Mischa frequently writes journal articles for legal publications. His work has been published in the LMCLQ, the Construction Law Journal and the King’s Law Journal.

 

QUALIFICATIONS

2011

Called to the Bar of England and Wales (Gray’s Inn)

2009-2010

BCL (Master’s in Law), St John’s College, Oxford, Distinction

2006-2009

BA (Law), Pembroke College, Cambridge, Double First

RECOMMENDATIONS

Mischa is an outstanding advocate and a formidable opponent. His written work is devastating.”
Construction, The Legal 500 2024

“Mischa is an excellent advocate – easy to work with and very smart indeed.”
Energy, The Legal 500 2024

“Mischa is an outstanding advocate and a formidable opponent. His written work devastates the other side.”
Professional Negligence, The Legal 500 2024

“Mischa provided a very clear, concise and easy to understand analysis of the client’s prospects of success, which greatly assisted us in moving the matter forwards towards conclusion.”
“Mischa is a future titan in construction and engineering disputes. He is a commander of the detail, an intellectual giant and always looks to be the most valuable player on any team.”
“Mischa is a very supportive counsel, willing and able to pick up urgent matters at short notice and provide clear concise advice on complex issues.”
Construction, Chambers UK Bar 2024

“I have found him to be responsive, user-friendly, knowledgeable and astute in both a tactical and commercial sense.”
“Mischa has exceptional commercial vision.”
“He has good commercial awareness and always responds quickly and effectively.”
Construction, Chambers UK Bar 2023

“Mischa blitzes through complex legal, technical, and factual issues. He is extremely bright, produces clear drafting, and delivers results without a hitch.”
Construction, The Legal 500 2023

“His written advocacy is compelling, and he is rightly feared as an opponent.”
Energy, The Legal 500 2023

“Approachable and able to communicate well with clients. Mischa has excellent analytical skills and provides constructive advice.”
Professional Negligence, The Legal 500 2023

“He is personable and knowledgeable, with a good attention to detail.”
“He is extremely bright, he drafts well and is really very good as an advocate.”
Construction, Chambers & Partners UK Bar 2022

“Very bright, ferociously efficient and able to see straight to the key issues.”
Construction, The Legal 500 2022

“Mischa is diligent, and has a good manner with clients.”
Professional Negligence, The Legal 500 2022

“Mischa is a class act and a formidable opponent.”
Energy, The Legal 500 2022

“He is personable and knowledgeable, with a good attention to detail.”
“He is extremely bright, he drafts well and is really very good as an advocate.”
Construction, Chambers & Partners UK Bar 2021

“Understands the finer points beautifully. He is invaluable. Very resilient.”
Construction, The Legal 500 2021

“He is concise, identifies and grasps the key points quickly, and punches above his weight.”
Professional Negligence, The Legal 500 2021

“Tremendously hard-working, intelligent, very responsive and user-friendly. He punches above his weight – a star of the future I am sure.”
“A standout junior and one to watch. His chief strength is the intellectual contribution he makes – in this he is superb, bolstering the client’s case. Mischa is adept at tackling tricky disputes and getting straight to the meat of the issue.”
Construction, Chambers & Partners UK Bar and Chambers Global 2020

“He is thoughtful and analytical.”
Construction and Professional Negligence, The Legal 500 2020

“He is fiercely intelligent and works with the speed and efficiency of a barrister many years beyond his call.”
Professional Negligence, The Legal 500 2019