REPRESENTATIVE EXPERIENCE

Maria Kostytska

Representative Experience as Counsel - Energy (Oil and Gas, Renewables)

Acted as lead counsel in the first renewable energy arbitration lodged against Ukraine under the Energy Charter Treaty (ECT) for alleged modification of the green-tariff incentives regime.

Acted as lead counsel for Ukraine in a state-to-state/investor-state arbitration lodged by a territorial unit of a state and its state organ and involving allegations of a takeover of the largest oil refinery in Ukraine.

Acted as cross-jurisdictional counsel for Ukraine in judicial proceedings for annulment, recognition, and enforcement of an investment arbitral award rendered in favor of a Russian state-owned oil company before French, US, and English courts of all levels.

Represented Ecuador in an investment treaty arbitration brought by multinational oil companies involving allegations of denial of justice and breaches of a BIT for undue delay and manifestly erroneous decisions by Ecuadorian courts in seven commercial cases.

Represented a Swiss investor against an Eastern European state during the early stages of an investment treaty arbitration in the renewable energy sector arising out of a change of the incentives regime.

Obtained a victory at the jurisdictional stage for Ecuador and its state-owned company PetroEcuador in an ICSID arbitration brought by an American energy company involving an imposition of a windfall tax on oil profits and collection proceedings.

Successfully represented Ecuador and its state-owned company PetroEcuador in an ICSID arbitration brought by a Spanish energy company involving an imposition of a windfall tax on oil profits and collection proceedings.

Represented an American energy company in an enforcement proceeding of a favorable ICSID award against Argentina in the United States, France, and Spain.

Represented an Eastern European energy company in an investment treaty arbitration against an Eastern European state involving tariff fixing.

Successfully represented a French transmission grid provider against an Italian electricity supplier in an ICC arbitration arising out of a breach of access rules.

Representative Experience as Counsel - Infrastructure

Represented a Ukrainian infrastructure company against a Moldovan infrastructure company in a commercial arbitration before the Court of Arbitration at the Polish Chamber of Commerce (SAKIG) for breach of contract and debt recovery.

Successfully defended Jordan in two parallel ICSID and ICC arbitrations brought by a railway company and its Kuwaiti shareholders. This US$1 billion win was recognized in June 2013 as one of the “Top 10 Biggest Defense Wins” in the American Lawyer’s Arbitration Scorecard.

Representative Experience as Counsel - Banking and Finance

Represented a Swiss investor against an Eastern European state in an investment treaty arbitration arising out of the 2008 financial crisis.

Represented a French national in an ICSID annulment proceeding relating to the state’s intervention into and liquidation of a bank.

Representative Experience as Counsel - Highly Regulated Sectors

A team lead by Maria Kostytska obtained a resounding victory for the Republic of Ecuador in an investment arbitration brought by an American investor (Nevada holding company) for expropriation of its investment in the gaming sector due to the prohibition of gambling in the country. The tribunal this dismissed the US$214 million claim and awarded 80% of the attorneys’ fees and arbitration costs to Ecuador.

Advised a multinational tobacco company on an investment treaty arbitration against an Asian state.

Representative Experience as Counsel - Public Utilities and Services

Represented a French provider of meal vouchers against Hungary in an ICSID arbitration arising out of an alleged expropriation of a business due to a change of the tax regime.

Represented a French utility company during the early stages of an ICSID arbitration arising out of a concession to provide waste collection and treatment services to a municipality of an Arab state.

Representative Experience as Counsel - Manufacturing, Transportation, Distribution, Agency

Successfully represented an American glass manufacturer in an ICC arbitration arising out of an acquisition agreement with a Belgian glass manufacturer.

Handled enforcement of an ICC award rendered in favor of an Iraqi construction company and against an Indian engineering and manufacturing company.

Represented a Russian subsidiary of a French automobile manufacturer in an ICC arbitration against a Russian transporter arising out of a breach of a transportation contract.

Advised a Spanish fruit producer in connection with a dispute with its Tunisian joint venture partner.

Represented Tunisian companies against a multinational corporation in an ICC arbitration arising out of wrongful termination of a commercial representation agreement.

Represented a British online content provider against its Spanish distributor in an ICC arbitration under English law with a seat in Paris.

Representative Experience as Counsel - Sanctions

Represented an Eastern European state in European Court of Justice (ECJ) proceedings involving imposition of EU sanctions on a former head of state.

Representative Experience as Counsel - Antitrust

Successfully defended Eastern European producers of fertilizers in a complex antitrust action before US district and appellate courts.

Experience as Arbitrator

Acted as a co-arbitrator in a Geneva-seated, Swiss law-governed ICC arbitration arising out of a solar energy project in Kazakhstan and involving Kazakh and French state entities.

Served as a sole arbitrator in a Stockholm-seated ICC arbitration relating to an offshore gas exploration project in Turkmenistan.

Acted as a co-arbitrator in a complex London-seated LCIA arbitration relating to an alleged takeover of the largest Russian ceramic tile business.

Acted as a co-arbitrator in a London-seated LCIA arbitration relating to a division of assets derived from a coal mine, with Russian and Cyprus applicable law.

Acted as a sole arbitrator in a London-seated LCIA arbitration in the aviation sector between US and UK parties.

Acted as a co-arbitrator in a London-seated LCIA arbitration arising out of a shareholder dispute involving a regional airline.

Served as a sole arbitrator in two parallel arbitrations arising out of credit agreements between Russian, Cyprus, and BVI parties before the LCIA, seated in London, with English applicable law.

Acted as a sole arbitrator in a London-seated, English law-governed LCIA arbitration regarding sale of snow melting equipment involving UK and US parties.

Served as a co-arbitrator in a London-seated LCIA arbitration relating to a credit agreement in the agricultural sector, with Cyprus and Ukrainian applicable law.

Served as co-arbitrator in a London-seated LCIA arbitration involving Cyprus and Russian parties arising out of a charter of a marine vessel.

Acted as a sole arbitrator in two parallel arbitrations in the mining sector between a Ukrainian state-owned supplier and a European distributor before ICAC in Kyiv.

Acted as president in a Kyiv-seated ICAC arbitration arising out of a professional services agreement relating to the transfer of equipment and know-how from the United States to Ukraine.

Served as a co-arbitrator in an ICAC arbitration between a major Russian chemical company and a Ukrainian state-owned chemical company regarding transit of chemicals across Ukraine.

Served as a co-arbitrator in an ICAC arbitration concerning supply of pharmaceutical products by a Ukrainian supplier to a Brazilian state-owned buyer.

Served as a sole arbitrator in an ad hoc UNCITRAL arbitration between American and French professional services providers, seated in Paris with French applicable law.

Sat as a co-arbitrator in an ad hoc UNCITRAL sale of goods arbitration between a Hong Kong IT equipment manufacturer and a Ukrainian IT equipment distributor, seated in Stockholm with Hong Kong applicable law.