Marina Matousekova is a senior associate in Shearman & Sterling’s International Arbitration practice. She has advised corporate clients and state-owned entities in numerous arbitrations, both ad hoc under the UNCITRAL Rules and under the Rules of the ICC and ICSID, with a particular focus on joint ventures, construction, energy, international investment and general commercial disputes. She has also represented various clients in litigation and arbitration-related proceedings before French courts.
Experience as Counsel
Recent or pending arbitrations on which Marina Matousekova has worked include the representation of:
- A North African company as Respondent in an ICC arbitration in Geneva initiated by an Iberian contractor. The dispute related to a major infrastructure project in North Africa. The law of the Respondent’s State applied.
- A North African State-owned company as Respondent in an ICC arbitration brought by an Asia Pacific mining company. The dispute arose from a joint venture agreement for the development of a mine to exploit a zinc deposit. The law of the Respondent's State applied.
- The People’s Democratic Republic of Algeria as Respondent in an UNCITRAL arbitration initiated by Orascom Telecom. The dispute arose from alleged breaches of the Algeria-Egypt bilateral investment treaty in relation to the operation of a mobile telephone company in Algeria. Over USD 16 billion was at stake.
- Sonatrach as Respondent in an UNCITRAL arbitration in Geneva initiated by Anadarko Algeria Co. LLC and Maersk Olie, Algeriet AS. The dispute was in relation to the interpretation of contractual provisions regarding windfall profit tax and tax stabilization provisions in the context of a production sharing contract. Over 11 billion US dollars was at stake.
- The Democratic Republic of Algeria in an ICSID arbitration initiated by Mærsk Olie, Algeriet A/S (ICSID Case No. ARB/09/14). The dispute was in relation to windfall profit tax in the context of a production-sharing contract. Over USD 3 billion was at stake.
Experience as Arbitrator
Marina Matousekova has acted as Sole arbitrator and Secretary to the arbitral tribunals in various ICC arbitrations.
Université de Paris-XI
Northwestern University School of Law
- Research Assistant, New York Convention Guide Project (www.newyorkconvention1958.org)
- Co-author, "Le rôle de l’arbitre dans la lutte contre la corruption / The role of the arbitrator in combating corruption," 2012(6) REVUE DE DROIT DES AFFAIRES INTERNATIONALES – INTERNATIONAL BUSINESS LAW JOURNAL 621 (with Y. Lahlou)
- Co-author, “Chronique de droit international privé appliquée aux affaires / Chronicle of private international law applied to business,” 2006-2010 REVUE DE DROIT DES AFFAIRES INTERNATIONALES – INTERNATIONAL BUSINESS LAW JOURNAL (with Y. Lahlou)
- Author, “Les réponses du droit international privé à la faillite des groupes internationaux de sociétés: analyse comparative des jurisprudences française et anglaise / Private international law answers to the insolvency of cross border groups of companies: comparative analysis of English and French case law,” 2008(2) REVUE DE DROIT DES AFFAIRES INTERNATIONALES – INTERNATIONAL BUSINESS LAW JOURNAL 141
- Author, “Would French Courts Enforce U.S. Class Actions Judgments?,” 2006(6) CONTRATTO E IMPRESA/EUROPA 651
- Member, International Arbitration Institute (IAI)
- Member, ICC French Commission on Anti-Corruption
- Member, Working Group on International Contracts (chaired by Professor Filip de Ly)
- Member, Editorial Committee of the International Business Law Journal
- Member, ICDR Young & International group