ARBITRATION IN SLOVAKIA

Dr. Ľudovít Mičinský, MCIArb
arbitrator, counsel

Ľudo is recognised as one of Slovakia's most accomplished private-practice lawyers in alternative dispute resolutions, being long-time “promoter” of the commercial arbitration in the Slovak Republic and frequent speaker at local arbitration conferences. He is a president of the Arbitration Court of the Slovak Bar Association, being the arbitrator with the first decided case at this arbitration court after its reopening in 2016. Beside of that, Ľudo has served as an arbitrator (sole arbitrator and member of arbitration tribunal) in several international arbitrations (Vienna International Arbitral Centre, ICC International Court of Arbitration, ad hoc arbitrations).

Ľudo provides legal consultancy in the field of resolving investment disputes at both a national and international level, in the area of construction disputes and public investments. He has taken part in the number of investment projects and has represented clients in international commercial disputes (ICC rules, VIAC rules, etc.), international investment disputes (under the UNCITRAL rules, ICSID rules, ECT) and before FIDIC dispute adjudication boards. He was part of the team representing the Slovak Republic in famous Achmea case, resulting in ECJ decision holding that arbitration clauses in BITs between EU Member States are inapplicable.

Curriculum Vitae

Professional Experience

  • Since 2018       Mičinský & Partners, law firm, Bratislava (partner, attorney-at-law)
    • Managing partner, head of the dispute resolution practice
  • Since 2004       trainee lawyer, attorney-at-law and partner with international law firms in the Slovak Republic

Additional Information

Membership

  • Slovak Bar Association (attorney-at-law), member of the SBA´s Board of Directors
  • London Court of International Arbitration (database of arbitrators and mediators)
  • Vienna International Arbitral Centre (List of Practitioners in International Arbitration)
  • The Arbitration Court of the Slovak Bar Association (President)
  • ICC Young Arbitrators Forum
  • Chartered Institute of Arbitrators (MCIArb)                                                                                                           

Selected Referrals

Selected referrals of international arbitration proceedings where Ľudo acted as a counsel:

  • Counsel to the company operating in road sector in construction arbitration (2021 ICC Rules) (case value: EUR 200 mil.)
  • Local counsel to the major international law firm in ICC arbitration (2017 ICC Rules) arising from road PPP Project (case value: EUR 120 mil.)
  • Counsel to the Slovak Republic in investment arbitration (UNCITRAL rules) based on a BIT, arising from the investment in the textile sector (case value: EUR 290 mil.)
  • Counsel to the Czech Republic in investment arbitration (UNCITRAL rules) based on a BIT arising from the investment in the aircraft industry (case value: EUR 28 mil.)
  • Counsel to the Slovak Republic in early stage of investment arbitration (UNCITRAL rules) based on ECT from the investment in the heavy industry (case value: USD 50 mil.)
  • Counsel to the Czech company in the early stage of arbitration against south European state arising from the investment in the thermal industry (case value: EUR 20 mil.)
  • Counsel to the Slovak Republic in investment arbitration (UNCITRAL rules) based on a BIT, arising from health insurance (case value: EUR 65 mil.)
  • Local counsel to the major international law firm in investment arbitration (UNCITRAL rules) based on a BIT, arising from health insurance (case value: EUR 1 billion)
  • Counsel to the Slovak company operating in aviation industry in commercial arbitration (2012 ICC Rules) (case value: EUR 0,6 mil.)
  • Counsel to the Slovak Republic in the early stage of investment arbitration at ICSID (Washington) and ICC (1998 ICC Rules) based on a BIT, arising from the investment in the natural resources sector (case value: USD 45 mil.)
  • Counsel to a Czech company in the early stage of arbitration (1998 ICC Rules) with a Pakistani company, arising from the building of power plant (case value: USD 30 mil.)
  • Representing of the National Council of the Slovak Republic in 6 major court disputes (partially linked to investment arbitration proceedings) with foreign investors (cases value in total: EUR 600 mil.)

Selected referrals of recent international arbitration proceedings where Ľudo acted as an arbitrator:

  • Co-arbitrator (appointed by the claimant) in ICC arbitration (2017 ICC Rules) in construction sector (case value: EUR 23 mil.)
  • Co-arbitrator (appointed by the respondent) in VIAC arbitration (Vienna Rules 2013) in real estate sector (case value: EUR 1 mil.)
  • Co-arbitrator (appointed by the respondent) in VIAC arbitration (Vienna Rules 2013) in real estate sector (case value: EUR 0,8 mil.)
  • Sole arbitrator in several arbitration proceedings at the Arbitration Court of the Slovak Bar Association, ad hoc arbitrations, etc.
  • Member of Dispute Adjudication Board in the road sector construction adjudication (FIDIC Yellow Book, 1999) (case value: EUR 400 mil.) 

Selected Publications

  • Mičinský, Ľ., Olík, M.: New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards – Commentary [in Slovak language], Wolters Kluwer, Bratislava, 2016
  • Mičinský Ľ.: Mediation 2014 (chapter for Slovakia), Getting the deal through, 2014
  • Born Gary, B.: International Arbitration: Law and Practice, Kluwer Law International, 2012 (Mičinský Ľ.: comments to the Chapter 10: Confidentiality and Transparency in International Arbitration and Chapter 18: Investor-State and State-to-State Arbitration)
  • Mičinský Ľ., Jahodníková Z.: Crossing the Rubicon: On the Correlation of the Principle of Transparency and Confidentiality of Arbitral Proceedings within the Area of International Investment Arbitration, CZECH YEARBOOK OF INTERNATIONAL LAW, 2012
  • Mičinský Ľ., Beňa J.: Responsibility of the state for a damage caused by the legislation [in Slovak language], From court's practice 3/2012, Iura Edition, member of Wolters Kluwer, 2012

Selected Conferences

  • Richard DeWitt Arbitration Conference, 2020, Bratislava
  • 9th Investment Treaty Arbitration Conference, 2019, Prague
  • Richard DeWitt Arbitration Conference, 2019, Bratislava
  • 8th Investment Treaty Arbitration Conference, 2018, Prague
  • Vienna Arbitration Days, 2017, Vienna
  • 7th Investment Treaty Arbitration Conference, 2017, Prague
  • 6th Investment Treaty Arbitration Conference, 2016, Prague
  • Hong Kong Arbitration Week, 2015, Hong Kong
  • 4th Investment Treaty Arbitration Conference, 2014, Prague
  • 3rd Investment Treaty Arbitration Conference, 2013, Prague
  • Swedish arbitration days, 2012, Stockholm
  • European union and Investment Agreements, 2012, Vienna
  • Investment Treaty Arbitration Conference, 2011, Prague
  • Cross-examination in international arbitration, 2010, Vienna
  • Fifth Annual Leading Arbitrators' Symposium on the Conduct of International Arbitration, 2009, Vienna

Other Activities

Ľudo cooperates with Slovak law faculties and Universities in the field of dispute resolution. He has supported and coached law student's teams in several mooting competitions:

  • Villem C. Vis Moot (Vienna),
  • ADR Mooting Competition held under the auspices of the City University of Hong Kong (including supporting and coaching the Slovak team in the final rounds in Hong Kong),
  • Frankfurt Investment Arbitration Moot Court, etc.


Arbitrator Disclosure

Interested parties should not rely on this website as a complete or updated source of disclosure information about Ludovit Micinsky. In any arbitration for which Ludovit Micinsky is proposed as arbitrator, parties should disclose promptly any facts or circumstances considered relevant to his impartiality or independence as soon as that information is reasonably available and, for that purpose, to undertake a reasonable continuing search of publicly available information promptly after learning of his prospective appointment. He has no access to the databases of his prior law firms. In addition, Ludovit is a member of numerous organizations, and regularly attends conferences and events. He does not maintain records of other members, speakers, or participants, nor does he monitor contact lists on LinkedIn and similar sites. Tangential connections in such contexts should not be considered relationships that might affect impartiality or independence in the eyes of a reasonable third party (General Standard 2, International Bar Association Guidelines for Conflicts of Interest in Commercial Arbitration (2014)).

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