@ Khrystyna Kostiushko

Experience

Investor-State Arbitration

Khrystyna has extensive experience in high-value Investor-State arbitration cases under ICSID and UNCITRAL rules. She acquired this experience while working with the international arbitration team of a leading Paris-based law firm from 2017 to 2022.

Representative cases are provided below. 

ICSID – Represented European investors as claimants in an arbitration arising from an investment in the construction of a shopping centre in Serbia

Industry: Real Estate • Region: Balkans

ICSID – Represented Dutch and BVI investors as claimants in an arbitration relating to an investment in an aluminium plant in Eastern Europe

Industry: Energy • Region: Eastern Europe

UNCITRAL – Acted for the Arab Republic of Egypt as respondent in an arbitration arising from a mining project in the Aswan region of Egypt

Industry: Mining • Region: MENA

UNCITRAL – Represented a MENA state as respondent in an arbitration arising from investments in the construction and development of real estate projects

Industry: Real Estate • Region: MENA

International Commercial Arbitration

Khrystyna regularly acts in international commercial arbitrations under a range of institutional and ad hoc rules. Her experience includes work carried out while practising with law firms and as an independent practitioner.

Illustrative mandates are set out below.

LMAA –  A major Ukrainian supplier of mineral fertilisers in arbitration proceedings under the rules of the London Maritime Arbitrators Association (LMAA) in a dispute over the supply of phosphorite

Law: English law • Seat: London • Language: English • Amount: EUR 1.5 million • Industry: Commodities / Shipping

LCIA – BVI and Cypriot companies as claimants in an LCIA arbitration concerning the performance of an investment agreement.Led the factual investigation for an application to the English court for a worldwide freezing order under s. 44 of the Arbitration Act 1996

Law: English law • Seat: London • Language: English • Amount: approx. USD 40 million • Industry: Investment / Corporate governance

LCIA –  Minority shareholders of an international alcohol company in an LCIA arbitration arising out of a shareholder dispute; advised on related proceedings in Cyprus and the BVI

Law: English law • Seat: London • Language: English • Amount: approx. USD 500 million • Industry: Corporate (shareholder dispute)

LCIA – An Eastern European company in an LCIA arbitration against its Turkish counterparty

Law: English law • Seat: London • Language: English • Amount: Not publicly disclosed • Industry: SPA / Commodities

ICC – A Ukrainian businessman in a multi-million USD ICC arbitration concerning a corporate governance dispute in a large Ukrainian agricultural company

Law: English law • Seat: London • Language: English • Amount: multi-million USD • Industry: Agribusiness / Corporate governance

SCC –  A major Ukrainian producer of shelf natural gas in an SCC arbitration arising out of the performance of a contract for drilling, testing and completing well sites in the territorial waters of Ukraine near the Crimean Peninsula

Law: English law • Seat: London • Language: English • Amount: approx. USD 8 million • Industry: Energy / Oil & gas

ICC – Buyers in an ICC arbitration in a post-M&A dispute arising from the acquisition of a commercial bank

Law: German law • Seat: Frankfurt • Language: English • Amount: approx. USD 400 million • Industry: Post-M&A / Banking and finance

ICC –  An Abu Dhabi-based entity in an ICC arbitration against a sovereign entity in a dispute relating to the construction of an iconic government building

Law: Iraqi law • Seat: Paris • Language: English • Amount: multi-million USD • Industry: Construction / Government infrastructure

GAFTA –  A major Kazakh grain company in a GAFTA arbitration against an Italian processing company

Law: English law • Seat: London • Language: English • Amount: multi-million USD • Industry: International trade / Commodities

FOSFA – A Ukrainian agricultural company in a FOSFA arbitration concerning a dispute under a commodities supply contract

Law: English law • Seat: London • Language: English • Amount: multi-million USD • Industry: Agriculture / Commodities

Tribunal Secretary

Khrystyna has extensive experience supporting arbitral tribunals as tribunal secretary and assistant, from initial submissions through hearings and deliberations. This role has given her insight into decision-making and case management techniques.

Selected tribunal secretary mandates are listed here.

ICC – Tribunal secretary in an ICC arbitration arising out of the construction of a major water desalination plant in the Middle East

Law: UAE law • Seat: Dubai • Language: English • Industry: Construction / Water infrastructure

DIAC –  Tribunal secretary in a DIAC arbitration arising from IT services and management contracts

Law: UAE law • Seat: Dubai • Language: English • Amount: Not publicly disclosed • Industry: IT services / Technology

QICCA – Tribunal secretary in a QICCA arbitration arising out of a fintech contract

Law: Qatari law • Seat: Doha • Language: English • Industry: Fintech / Financial services

Ad hoc – Tribunal secretary in an ad hoc arbitration arising out of a hospital construction project in Saudi Arabia

Law: Saudi law • Seat: Riyadh • Language: English • Industry: Healthcare / Construction

Recognition and Enforcement of Arbitral Awards | Set-Aside Proceedings

Khrystyna has experience in recognition and enforcement proceedings under the New York Convention before Ukrainian courts. She also acted in set-aside proceedings before the French courts.

Examples of such proceedings are listed below.

SCC award – Represented a US oil and gas company in recognition and enforcement proceedings before Ukrainian courts

Language: Ukrainian

SCC award – Represented an Italian company in recognition and enforcement proceedings before Ukrainian courts

Language: Ukrainian

LCIA award – Acted for a Ukrainian businessman in recognition and enforcement proceedings before Ukrainian courts

Language: Ukrainian

ICC award –  Counsel in set-aside proceedings before the French courts

Language: French

Investigations in support of court and arbitration proceedings

Khrystyna has experience in leading complex investigations in support of international arbitration proceedings, as outlined below.

Led the factual investigation and evidence-gathering for an application to the English court for a worldwide freezing order under s. 44 of the Arbitration Act 1996