Maria Kostytska

Representative experience as counsel:

UNCITRAL

• Acting as lead counsel for the Republic of Ecuador in an investment treaty arbitration lodged by a U.S. “investor” in a highly regulated sector. 
• 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, U.S. and English courts of all levels.
• Represented a Swiss investor against an Eastern European State in an investment treaty arbitration arising out of the 2008 financial crisis. 
• Represented Ecuador in an investment treaty arbitration involving allegations of 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. 
• Advised a multinational tobacco company on an investment treaty arbitration against an Asian State. 

ICSID

• 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.
• Represented a French provider of meal vouchers against Hungary in an ICSID arbitration arising out of an alleged expropriation of a business due to the change of the tax regime.
• 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.
• 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 a French national in an ICSID annulment proceeding relating to the State’s intervention into and liquidation of a bank.
• 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. 
• Represented an American energy company in an enforcement proceeding of a favorable ICSID award against Argentina in the United States, France, and Spain.

ICC

• Successfully represented an American glass manufacturer in an ICC arbitration arising out of an acquisition agreement with a Belgian glass manufacturer.
• Represented an Eastern European energy company in an investment treaty arbitration against an Eastern European State involving tariff fixing. 
• 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.
• Successfully represented a French transmission grid provider against an Italian electricity supplier in an ICC arbitration arising out of a breach of access rules.
• 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 a 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.

Litigation experience:

• Acted as cross-jurisdictional lead 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, U.S. and English courts of all levels.
• Acted as lead counsel in French annulment proceedings in a state-to-state/investor-state dispute raising the issue of whether a State or a territorial unit of a State can claim “investor” status under a BIT.
• Represented an Eastern European State in European Court of Justice proceedings involving imposition of EU sanctions on a former head of state. 
• Successfully obtained recognition in the United States of an ICSID award rendered in favor of an Eastern European State.
• Handled enforcement of an ICC award rendered in favor of an Iraqi construction company and against an Indian engineering and manufacturing company.
• Successfully defended Eastern European producers of fertilizers in a complex antitrust action before U.S. district and appellate courts.

Experience as arbitrator:

• Acting as a sole arbitrator in a London-seated LCIA arbitration in the aviation sector between U.S. and UK parties.

• Acting as a sole arbitrator in a Kyiv-seated ICAC (MKAC) arbitration in the mining sector between a Ukrainian state-owned supplier and a European distributor.   
• Acted as president in a Kyiv-seated ICAC (MKAC) arbitration arising out of a professional services agreement relating to the transfer of equipment and know-how from the United States to Ukraine.
• Acted as a co-arbitrator in a London-seated LCIA arbitration arising out of a shareholder dispute involving a regional airline.  
• 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. 
• 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, with Russian and Cyprus applicable law.
• Served as president in an ICAC (MKAC) arbitration arising out of a professional services agreement for transfer of special-purpose equipment from the United States to Ukraine.
• Served as a co-arbitrator in an ICAC (MKAC) arbitration concerning supply of pharmaceutical products by a Ukrainian supplier to a Brazilian state-owned buyer. 
• Served as a co-arbitrator in an ICAC (MKAC) arbitration between a major Russian chemical company and a Ukrainian State-owned chemical company regarding transit of chemicals across Ukraine.
• Served as a sole arbitrator in a Stockholm-seated ICC arbitration relating to an offshore gas exploration project in Turkmenistan.
• Served as a sole arbitrator in two parallel London-seated, English law-governed LCIA arbitrations arising out of credit agreements between Russian, Cyprus and BVI parties.
• Acted as a sole arbitrator in a London-seated, English law-governed LCIA arbitration regarding sale of snow melting equipment involving UK and U.S. 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.
• Served as a sole arbitrator in an ad hoc UNCITRAL arbitration between American and French professional services providers, with a seat in Paris and 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, with a seat in Stockholm and Hong Kong applicable law.