Maria Kostytska, Of Counsel

Maria Kostytska is a multi-lingual Of Counsel who concentrates her practice in international arbitration and litigation. She has represented Eastern European, Latin American, and Middle Eastern sovereign States and private companies in 10 investor-State arbitrations under the ICSID, UNCITRAL, and ICC rules. Ms. Kostytska acts as lead counsel in a variety of arbitrations under the ICC rules. She also serves as sole arbitrator and co-arbitrator in arbitrations under the UNCITRAL rules.

Ms. Kostytska’s experience includes private international law issues, including service of judicial documents and obtaining evidence abroad under the Hague Conventions and enforcement of foreign judgments and arbitral awards. She has served as an expert on foreign law in international litigation with parallel proceedings in the United States and overseas, and has advised the United States Library of Congress on foreign law.

Ms. Kostytska has successfully defended Eastern European companies in a complex antitrust action before United States district and appellate courts. She has also represented foreign and domestic companies in internal investigations under the Foreign Corrupt Practices Act (FCPA). 

Ms. Kostytska’s prior experience includes the following:

• European Parliament (Brussels)
• World Bank’s Legal Department (Washington, D.C.)
• United Nations (Geneva)
• United States Court of Federal Claims (Washington, D.C.)
• American Bar Association’s Central and East European Law Initiative (Washington, D.C.)

Activities

Ms. Kostytska is a member of the following professional associations:

• ICC USCIB
• ICC Ukraine
• ICC France
• ICC Young Arbitrators Forum
• ABA Section of International Law
• Chartered Institute of Arbitrators
• LCIA Young International Arbitration Group
• CFA 40
• CIS Arbitration Network

Speeches and Publications

A regular lecturer at the International Law Institute (ILI) in Washington, D.C., Ms. Kostytska presents such topics as: “Applicable Law in Investment Arbitration” and “Jurisdiction Over Investment and Investor” as part of the Investor-State Arbitration seminar in 2012 and 2010; and “The Drafting of Arbitration Clauses” and “The Binding Effect of Arbitration Clauses on Non-Signatories” as part of the Advanced Arbitration seminar in 2011.

In 2012, Ms. Kostytska addressed government officials and academics on the topic of "Methodology of Proof in International Arbitration" at a conference organized under the auspices of the Ministry of Internal Affairs of Ukraine.

Also in 2012, Ms. Kostytska participated in a panel discussion "Calculating Damages in the CIS" at the ABA conference in Moscow. She discussed the "assumptions" that a lawyer can or cannot ask a valuation expert to assume (such as the valuation method, valuation date, tax regime, and interest).

Ms. Kostytska has spoken on “Selection and Appointment of Arbitrators” at the ICC PIDA training in Paris and on “Independence of Arbitration” at the ICC YAF conference in Prague in 2011.

In 2010, she spoke at the International Law Association (ILA) conference in the Hague on “Invoking Human Rights Standards and Precedents in Investment Arbitration.”

In 2009, Ms. Kostytska delivered a presentation on arbitration, litigation, and mediation of investor-state disputes at an UNCTAD conference attended by government officials from Central and Eastern Europe and experts from ICSID and UNCITRAL.

Ms. Kostytska has authored an article on “Declaratory Relief in International Arbitration” published by the Journal of International Arbitration (Kluwer).

She serves on the Review Committee and has published digests for the International Arbitration Case Law database under the auspices of Queen Mary University of London School of International Arbitration, SciencesPo, and UNCTAD (http://www.internationalarbitrationcaselaw.com/).

Ms. Kostytska is the author of Ukraine’s dispute resolution chapter published by Getting the Deal Through and Transnational Dispute Management in 2006 and 2007.