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Mark D. Stadnyk
Partner
Mark Stadnyk is a partner focusing on international commercial and investor-state arbitrations. He serves as counsel in international disputes involving a wide range of sectors, institutions, arbitral rules and treaties. He has recently represented major publicly traded companies and sovereign states in a diverse range of international arbitrations and litigations.
Mark frequently speaks and writes on international legal matters, and works with the New York International Arbitration Center to maintain its Case Law Library. He previously practiced in the international arbitration team at firms in Paris, France, and Houston, Texas.
International Commercial Arbitration
- Acting for the claimant, an Asian LNG buyer, in one of the first major Asia-based LNG price reviews known to proceed to arbitration in the region, administered under the SIAC Rules and worth in excess of US$1 billion.
- Representing an Italian energy company in ICC arbitration concerning the pricing of LNG, with amounts in dispute exceeding €1 billion.
- Defending a Latin American oilfield operator in arbitration under ICC Rules against East Asian partners. The arbitration concerns the allocation under the parties’ joint operating agreement of millions of US dollars in environmental remediation costs assessed by the host state’s government.
- Represented a Peruvian energy company in an ICC emergency arbitrator proceeding arising out of a joint operating agreement dispute.
- Represented two US companies in an international dispute involving the fracking industry (ICDR mediation, followed by ICDR arbitration).
- Represented a MENA state agency before an ICC tribunal in a dispute concerning petroleum distribution rights, with amounts in dispute in excess of US$350 million.
- Counsel to Balkans state agency in a UNCITRAL contractual dispute with a European company concerning a cement plant, with amounts in dispute of €35 million.
Investor-state Arbitration
- Represented a major energy company in a NAFTA Chapter 11 arbitration against the government of Canada under the ICSID Arbitration Rules, Mobil Investments Canada Inc. v. Canada, ICSID Case No. ARB/15/6.
- Represented an independent North American oil and gas exploration, development and production company on the bilateral investment treaty claims arising from the restructuring of its investment in major MENA offshore oil fields.
- Representing the Republic of Croatia in a billion-dollar energy dispute over a claim brought by a Hungarian oil and gas company under Energy Charter Treaty, MOL Hungarian Oil and Gas vs. Republic of Croatia, ICSID Case No. ARB/13/32.
- Defending Balkans state in an investment dispute arising out of downstream oil and gas distribution rights before an ICC arbitral tribunal constituted under foreign investment law, with amounts in dispute exceeding €65 million.
- Acting for the Republic of Kosovo in contract-based arbitration at ICSID concerning construction and operation of electric power infrastructure, Contour Global Kosovo LLC v. Republic of Kosovo and others, ICSID Case No. ARB/20/50.
- Represented an East Asian mining company on the bilateral investment treaty claims worth hundreds of millions of US dollars arising from its investments in Latin America.
- Represented the Slovak Republic in a defense against a €128 million claim brought by a Polish mineral water producer under the Poland-Slovakia bilateral investment treaty. Secured complete victory for the Slovak Republic.
- Counsel to Balkans state in a microfinance dispute against a Northern European financial institution before an ICC arbitral tribunal constituted under foreign investment law, with amounts in dispute in excess of €30 million.
- Secured a complete victory as counsel for the Republic of Kosovo before ICSID in a telecoms dispute in ACP Axos Capital GmbH vs. Republic of Kosovo, ICSID Case No. ARB/15/22. Claims, quantified at over €350 million, concerned alleged breaches of a bilateral investment treaty between Germany and Yugoslavia. The ICSID tribunal dismissed all claims and ordered the claimant to pay Kosovo all costs incurred as a result of the arbitration.
- Counsel to Balkans state in a telecoms dispute before an ICC arbitral tribunal constituted under foreign investment law, with amounts in dispute exceeding €100 million.
International Litigation
- Acting for the European Commission, as representative of the European Union, as amicus before the D.C. Circuit concerning enforcement of a US$365 million arbitral award, Micula et al. v. Romania, No. 19-7127 (D.C. Cir.).
- Experience advising on arbitration law in various international arbitral seats (SDNY, DC District Court, Canada, London, Paris, Geneva, The Hague, Stockholm, Singapore and Hong Kong), including parallel litigation related to arbitration proceedings and/or awards.
Education
- Harvard University, LL.M., 2011
- University of Oxford, B.A., 2010
- University of Paris II, Panthéon-Assas Certificat Supérieur en Droit Français et Européen, 2009
Admissions
- New York, 2012
- Licensed only in New York
- Recognized for Commercial Litigation by Best Lawyers: Ones to Watch in America 2022 and 2024
- Speaker, “Investor-State Dispute Settlement Five Years Post-Achmea: Implications for the US and the EU, and the Future of Investment Arbitration,” Harvard European Law Association (HELA) and the Harvard International Arbitration Law Students Association (HIALSA), March 2023.
- Co-author, “The Rise to the Top for US LNG,” LNG Industry, Palladian, UK, March 2023.
- Speaker, Global Arbitration Review (GAR) Live, Mumbai, India, February 2023.
- Moderator, “Energy Disputes and the War in Ukraine,” New York City and videolink, December 2022.
- Speaker, “Climate Change and Investment Arbitration,” Third Tulane Energy Law Conference, April 2022.
- Co-author, “Contributory Fault and Investor Misconduct in Investment Arbitration,” The Journal of World Investment & Trade, 2021.
- Moderator, “International Investment Dispute Settlement and Energy Investments,” First Tulane Energy Law Conference, March 2019.
- Co-author, “Tracing the Evolution of International Investment Law Through the Catalyst of Energy Disputes," Oil, Gas and Energy Law (OGEL), October 2018.
- Speaker, “U.S.-Mexico Water and Energy Relations,” International Law Committee of the New York City Bar, January 2018.
- Lecturer, International Investment Arbitration, American University of Central Asia (Kyrgyzstan), April 2017.
- Author, “Global Geopolitics and International Energy Arbitration,” Kluwer Arbitration Blog, March 2017.
- Author, “The Slow Evolution of Quick Arbitral Relief,” Global Arbitration Review, July 2016.
- Author, “Recovery of Attorneys’ Fees and Costs: Displacing the American Rule in Petitions to Confirm International Arbitral Awards,” New York State Bar Association, New York Dispute Resolution Lawyer, Summer 2016.
- Speaker, “Recourse to U.S. Courts to Obtain Evidence for Use in Foreign Arbitral Proceedings,” Harvard Arbitration Discussion Series, April 2016.
- Co-author, “Arbitration and Joint Operating Agreements: An Overview,” The Leading Practitioners’ Guide to International Oil & Gas Arbitration, 2015.
- Speaker, Lunch & Learn on International Arbitration, LL.M. Series: Harvard Law School, November 2015.
- Speaker, “New Trends in Oil and Gas Investment Arbitration and Lessons Learned from Recent Decisions,” Second Houston Annual Conference Oil and Gas Investment Arbitration, October 2015.
- Co-author, “Increasing Convergence And Sophistication In Emergency Arbitral Relief: Critical Mass Towards Alleviating A Core Concern Of Arbitration Users?” Mealey’s International Arbitration Report, December 2014.
- Co-author, “New York's International Arbitration Judge, One Year Later,” New York Law Journal, November 17, 2014.
- Co-author, “International Arbitration and Energy: How Energy Disputes Shaped International Investment Dispute Resolution,” Research Handbook in International Energy Law, 2014.
- Speaker, “Oil and Gas Investment Arbitrations: Protecting Oil and Gas Projects against Political Risk,” University of Houston, October 2014.