Matej Pustay advises clients in international and domestic dispute resolution, including commercial and investor-state arbitration, as well as court litigation.

    In his practice, Matej focuses on high stake disputes commonly involving questions of international private law, international public law, EU law or complicated economic issues.

    Matej has advised clients in proceedings related to various industrial sectors, including energy, construction, telecommunication, oil and gas, mining, real estate development or M&A, conducted under various procedural rules, including ICSID, UNCITRAL and ICC.

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    Construction Arbitration

    • Advising the State of Libya in a pending €183 million arbitration relating to a construction project filed by the company Guris Insaat ve Muhedislik before the ICC under the Turkey-Libya BIT.
    • Advising the State of Libya in a pending €52 million arbitration relating to a construction project filed by the company Nurol Insaat ve Ticaret before the ICC under the Turkey-Libya BIT.
    • Advising Libya in a pending US$61 million arbitration related to a construction project filed by the company Ustay Yappi Taahhut ve Ticaret before the ICC under the Turkey-Libya BIT.

    Energy Arbitration

    • Advising Croatia in an investment arbitration against Hungarian oil and gas company MOL in connection with the privatization and operation of the Croatian oil and gas company INA. The claims, worth in excess of US$1 billion, arise under the Energy Charter Treaty and several commercial agreements between Croatia and MOL (ICSID Case No. ARB/13/32 and PCA Case No. 2014-15).

    International Commercial Arbitration

    • Advised a Czech company in an ICC arbitration against the Czech subsidiary of a listed UK company regarding an M&A dispute. The case settled favorably for the client.
    • Advised a Czech company in an ICC arbitration against a UK company regarding breach of the seller's warranties under a share purchase agreement. The case settled favorably to the client.
    • Advised a Finnish company in a pending UNCITRAL arbitration against a Central European country. The client prevailed in the dispute.

    Investment Arbitration

    • Advising the Slovak Republic in a UNCITRAL investment arbitration arising under the Poland-Slovakia BIT in connection with an alleged indirect expropriation of a company producing mineral water.
    • Advising the Republic of Estonia in an investment dispute under the BIT between the Netherlands and Estonia (ICSID Case No. ARB/14/24).
    • Advising Canadian and Cyprus investors in a pending ICSID arbitration against Serbia regarding expropriation of an agricultural company (Rand Investments and others v. Serbia (ICSID Case No. ARB/18/8)).
    • Advised the Slovak Republic in an ICSID arbitration arising under the US-Slovakia BIT and Canada-Slovakia BIT in connection with an alleged expropriation of a talc mine in Slovakia (EuroGas Inc. and Belmont Resources Inc. v. Slovakia (ICSID Case No. ARB/14/14)). All of the investors' claims were rejected for lack of jurisdiction.

    Czech Arbitration and Litigation

    • Advising a client in disputes regarding a squeeze out of the client's shares from a company operating an administrative centre in the Czech Republic.
    • Advising a client in Czech court proceedings regarding setting-aside of arbitral award.
    • Advising a client in a dispute before Czech courts regarding payment of remuneration under the Services Agreement.
    • Advising a Czech developer in various court and administrative proceedings relating to planned construction of a residency building.
    • Advised a Hong Kong-based company in dispute with a Czech customer. The client was awarded the entire claimed amount.
    • Advising a leading telecommunications company in two administrative lawsuits against price regulation.
    • Advised an international company defending against alleged breaches of the Future Purchase Agreement in arbitration initiated before the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic. All claims brought by the claimant were rejected.

    Education

    • Masaryk University, Mgr., summa cum laude, 2015
    • Masaryk University, Ing., Faculty of Economics and Administration, 2014

    Admissions

    • Czech Republic, 2015

    Languages

    • Slovak
    • Czech
    • English

    • Author, “Jak na rozhodčí doložky?” Právo & Byznys, October 2015.
    • Author, “Financial Counselling – Economic and Juristic View and its Place in Regulation of Capital Markets (Czech and Slovak Approach),” System of Financial Law: Financial Markets: Conference Proceedings, 2015.
    • Co-author, “Increase of importance of monitoring of the financial indicators of a company in relation to the personal liability of members of corporate bodies of the company,” Financial Manager, May 2013.
    • Co-author, “Personal liabilities in a corporate context,” AmCham Connection, March/April 2013.

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