Kostyshyna Olga
E-mail: kostyshyna@lcf.ua
Born in 1983
Citizenship: Ukraine
Education:
2019 – Ukrainian Mediation Centre. Training program “Mediator’s basic skills”
2013 – International Academy of Arbitration Law (Paris, France). Advanced training in international arbitration
2007 – Ukrainian Academy of Foreign Trade. Advanced training courses “Legal and practical aspects of public procurement in Ukraine”
2000 - 2005 – Yaroslav the Wise National Law Academy of Ukraine, Department of training staff for the Ministry of Foreign Affairs, Associate’s Degree in Law, diploma with honors
Languages:
- Ukrainian
- English
- Russian
Specialization:
Commercial and investment arbitration, commercial mediation, private international law, public international law, international trade, foreign investment, public procurement, energy and natural resources, military-industrial complex, sports arbitration.
Professional experience:
In 2024 has been elected to the following positions:
- Vice-Chair of the Arbitration Commission of ICC Ukraine, Member of ICC Ukraine
- Member of the Board of the Ukrainian Arbitration Association (UAA)
Acting mediator of the ICAC
2016-2024 - Advisor to the President of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the UCCI)
2006-2016 worked at the Ministry of Justice of Ukraine, last position was Director of Department of Representing State’s interests in International and Foreign Courts
Member of Ukrainian Bar Association (UBA)
Lecturer and author of professional publications in the field of international law and dispute resolution
Professional experience includes:
- representing the state in investment disputes
- participation in developing the concept of reforming international commercial arbitration in Ukraine
- drafting bilateral agreements on the promotion and mutual protection of investments and free trade agreements, as well as key agreements with foreign investors in the field of hydrocarbon production
- participation in the development of the procedure for protecting Ukraine in the trade and economic sphere using the mechanisms of the World Trade Organization;
- represented Ukraine at the UN within the framework of the work of the Commission on International Trade Law (UNCITRAL)
Expert of the USAID Trade Policy Project
Current place of employment - LCF Law Group
Position - Counsel, Head of International Arbitration
Arbitration experience
Rapporteur in more than 240 cases considered under the rules of the ICAC at the UCCI (ICAC)
Representative of the party (the state of Ukraine) in about 50 disputes considered under the rules of ICSID, PCA, SCC, ICC, VIAC and UNCITRAL
Membership in other professional associations:
Ukrainian Bar Association
PR activities:
2025
Co-moderator of a round table for Ukrainian business during Paris Arbitration Week
Co-moderator at the ICC Ukraine seminar “Recent developments and practical advice on the application of the ICC Dispute Resolution Rules recently translated into Ukrainian”
International Shipping magazine, Maritime arbitration: overview and recommendations (Thought leadership)
Delo.ua, It makes sense to apply to international arbitration for reimbursement of assets worth $20 million or more (Expert comment)
Ekonomichna Pravda, What 2024 held for business: legislative changes and future trends (Thought leadership)
2024
Speaker at the UBA seminar “Mediation in Commercial Dispute Resolution. Life hacks and recommendations for using mediator's tools”
Co-Chair of the Solidarity Arbitration and Mediation Days Scholarship Fund, created to support young Ukrainian lawyers practicing in the areas of arbitration and mediation.
Speaker at the XI International Arbitration Readings in memory of Academician Igor Pobirchenko on “Wartime arbitration disputes: summarizing practical experience and assessing future prospects”
Speaker at the event of the UBA Committee on Alternative Dispute Resolution “UAA Draft Law on Harmonization of Ukrainian Arbitration Legislation with the UNCITRAL Model Law 2006: Too Late, Not Enough and Should We Go Further?”
Co-moderator of the panel at the XI Western Ukrainian Forum of UBA
Speaker at the event of the UBA Committee on Alternative Dispute Resolution “Practical issues of recognition and enforcement of foreign court judgments and international arbitration awards in Ukraine”
Speaker at the event of the UBA Committee on Alternative Dispute Resolution “International arbitration and judicial review: changes that are long overdue?”
Speaker at the Welcome Event for the new Ukrainian ICC Arbitration Court Members for the 2024-2027 term
Lexis Nexis, Ukraine’s Supreme Court affirms pro-arbitration position (Thought leadership)
Business Ukraine, War damage in Ukraine: Ukrainian businesses have limited legal options (Thought leadership)
Financier Worldwide, Litigation & Alternative Dispute Resolution 2024 (Thought leadership)
Interfax Ukraine, International partners are focused on helping Ukraine, compensation mechanisms will be considered after the war - opinions (Expert comment)
2023
Member of the Board of the Scholarship Program “Solidarity with Ukraine” (SUkrAM), which organized a training on arbitration and mediation for lawyers serving in the defense forces, as well as for veterans
Speaker at the Solidarity Arbitration and Mediation Days 2023 conference on “The Future of International Arbitration in the New Security Settings: Ukrainian Perspectives”.
Co-Chair of the Solidarity Arbitration and Mediation Days Scholarship Fund, established to support young Ukrainian lawyers practicing in the fields of arbitration and mediation
2022
Speaker at the event “New opportunities of the ICAC and the UMAC at the Ukrainian Chamber of Commerce and Industry (ICAC and UMAC): introduction of mediation and combined dispute resolution procedures’ on the topic: “Advantages of the ICAC as an institutional arbitration in dispute resolution through mediation and combined procedures”
Speaker at the IX International Arbitration Readings in memory of Academician Igor Pobirchenko on “Expanding the range of services of the ICAC and the prospects of the ICAC as a platform for consideration of disputes on compensation for damages caused by the Russian aggression, as well as during the period of Ukraine's recovery and sustainable development”
Member of the ICAC Working Group on the implementation of mediation in the ICAC, which developed the ICAC Mediation Rules, the Regulations on Mediation Fees and Costs and the Specifics of Dispute Resolution with the use of the combined Arbitration-Mediation-Arbitration and Mediation-Arbitration procedures. Pursuant to the order of the President of the ICAC, the ICAC drafted the Code of Professional Ethics for Mediators.
Pursuant to the order of the President of the ICAC, a number of measures were taken to digitalize arbitration proceedings at the ICAC, as well as the ICAC Recommendations on the submission of documents in electronic form were developed
Co-author of the Report of the Multi-Institutional Working Group on Gender Equality in the Appointment of Arbitrators and Arbitral Proceedings 2022
Member of the Working Group on Amendments to the ICAC Rules, which developed and adopted amendments to the ICAC Rules in 2022
2021
Speaker at the II Ukrainian Arbitration Forum on digitalization and virtualization of arbitration
Online lecture for the UNBA Higher School of Advocacy “Peculiarities of consideration of cases in the ICAC”
Speaker at the meeting of the Ukrainian Advocates' Association on “Changes in the arbitration procedures of international institutions due to COVID-19”
Article for Yurydychna Gazeta “Top 5 results of 2020 for international arbitration in Ukraine”
2020
Lecturer of the online course on international arbitration at Business Consulting Academy.
Member of the Working Group at the Ministry of Justice of Ukraine on the development of the draft law “On Mediation”
Member of the Working Group at the Ministry of Justice of Ukraine on the preparation of a proposal for the ratification of the UN Convention on International Settlement Agreements resulting from mediation
Lecture “International Commercial Arbitration: from Arbitration Agreement to Recognition and Enforcement of Arbitral Award” for students of Yaroslav the Wise National Law University
Member of the Working Group on Amendments to the ICAC Rules, which developed and adopted amendments to the ICAC Rules in 2020.
Speech at the event “Gap-analysis of the implemetation of the mediation institute in Ukraine” at the invitation of the EU Project “Pravo-Justice”
Speech at the Law&Trade A2B Forum on “Practical aspects of forming a valid and effective arbitration clause in foreign trade contracts”
Speech at the I Ukrainian Arbitration Forum in the session devoted to the questions of business to arbitration institutions
Article for Yurydychna Praktyka in co-authorship with Inna Yemelianova “Arbitration guidelines”
Speech at the seminar of Taras Shevchenko National University of Kyiv “Studying the Lithuanian experience of ADR implementation in Ukraine”
Speaker at the webinar “Foreign Economic Activity in the Context of Problems Related to the Spread of the COVID-19 Coronavirus”, organized by the Ukrainian Chamber of Commerce and Industry and the Association of Exporters and Importers “ZED”
Moderator of the series of “ICAC Webinars” dedicated to the following topics: 1) strategy for choosing an arbitration institution and arbitrators; 2) how to draft an effective arbitration clause; 3) practical tips for handling cases in the ICAC; 4) recognition and enforcement of arbitral awards
Lecture at the Legal High School “Strategy and tactics of choosing an arbitration institution and arbitrators”
2019
Essay for the Yurydychna Gazeta “Top 5 tips for lawyers in the field of international commercial arbitration”
Speaker of a special course for corporate lawyers of JSC Ukrgasvydobuvannya from Legal High School
Speaker at the Ukrainian-Turkish Infrastructure Forum “Creating Opportunities Together” with a report “Opportunities for dispute resolution in Ukraine for Turkish business”
Speaker of the seminar “Disputes in the field of merchant shipping and ways of their resolution” in Odesa with a report on “Results of the application of the new arbitration legislation: theory and court practice”
Speaker at the workshop “International arbitration as a tool for protecting business interests: practice of drafting and concluding foreign trade contracts and dispute resolution” in Khmelnytsky with a report on the updated arbitration legislation
Speaker at Kyiv Law&Trade Forum with a report “Practical aspects of interaction between international commercial arbitration and state courts”
Lecture for the second year Master's students of the Taras Shevchenko National University of Kyiv on the activities of the ICAC
Participant of the round table of the ICAC and the National Academy of Legal Sciences of Ukraine “Results of the application of the new arbitration legislation: achievements and challenges”
Lecture for the first-year students of the Faculty of Law and International Relations of Borys Grinchenko Kyiv University on the activities of international commercial arbitration in Ukraine
2018
Article for the Yurydychna Gazeta “International arbitration: to be in trend”
Co-organizer and speaker of a series of regional events "Freedom to choose the rules of the game - do not lose your right to arbitration" in Kyiv, Ivano-Frankivsk, Rivne, Lviv, Uzhhorod, Dnipro
Lectures at the Legal High School “New rules for supporting international arbitration in Ukraine” and “Simplified arbitration proceedings”
Speaker at the workshop “International Commercial Arbitration: New Legislation, Practice and Peculiarities of Arbitration Proceedings”
Moderator of the session “Enforcement of Arbitral Awards: Recent Precedents and Practice of Certain Continental and Common Law Jurisdictions” and speaker of the session “Arbitration Agreement in the Context of the New York Convention” at the V International Arbitration Readings in memory of Academician Igor Pobirchenko
Speaker at the specialized conference “Maritime Arbitration” in Odesa with the report “New opportunities for arbitration of maritime disputes provided by the new IAC Rules to business”
Lecture at the National School of Judges of Ukraine “The role of the judiciary in the context of dispute resolution between the state and a foreign investor”
Article for the Yurydychna Gazeta “Experience is the best teacher. Analysis of the application of the new ICAC Rules”
Article for Yurydychna Praktyka in co-authorship with Tetyana Zakharchenko “To give a norm”
2017
Participant of the ICAC round table “Arbitrability of disputes: where are we going?”
Speaker at the V Annual Forum of Legal Counsels
2016
Participation in the 49th session of the United Nations Commission on International Trade Law
2015
Member of the Working Group on development of the concept of international commercial arbitration reform in Ukraine
2014
Organizer and speaker of the seminar of the Ministry of Justice of Ukraine “Legal means of protecting the interests of the state of Ukraine in connection with the aggression of the Russian Federation in the East of Ukraine and the annexation of Crimea”
2013
Elected as a Rapporteur of UNCITRAL Working Group III (Online Dispute Resolution) at the 26th session of the said Working Group by a majority of the delegates
2011
Speaker at the seminar of the Ministry of Justice of Ukraine “Fundamentals of international arbitration and peculiarities of arbitration proceedings”