Dr. Ludovit Micinsky, MCIArb

Managing Partner
Attorney-at-law, Arbitrator, Adjudicator

Ludovit 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.

Ludovit has served as an arbitrator (sole arbitrator and member of arbitration tribunal) in several international arbitrations. Ludovit provides legal consultancy in the field of resolving investment disputes at both a national and international level, in the area of public investments and construction disputes. Ludovit frequently serves also as an adjudicator.

Ludovit speaks Slovak (native), Czech (native), English (professional proeficiency), German (basic), French (basic) and Russian (basic).
+421 915 840 708
Membership
  • Member of Slovak Bar Association (attorney-at-law), elected member of the SBA Council (2021-2025)
  • Vienna International Arbitral Centre (VIAC Ambassador for Slovakia, List of practitioners, Committee for investment arbitration - ISDS)
  • Arbitrator at the Arbitration Court of the Slovak Bar Association
  • Chartered Institute of Arbitrators (MCIArb)
  • London Court of International Arbitration (database of arbitrators and mediators)
  • ICC Young Arbitrators Forum
  • Member of Slovak Chamber of Civil Engineers

Specialisations of Ludovit

Ludovit provides legal consultancy in the field of resolving investment disputes at both a national and international level, in the area of public investments and construction disputes. 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. Ludovit 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 (for example: https://amcham.sk/events/2832/richard-dewitt-arbitration-conference). He is listed at 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, Ludovit 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).

He has also served as a member of Dispute Adjudication Board in construction disputes based on FIDIC rules (yellow book, red book).

Within his expertise in public investment (Public Procurement and PPP), he played crucial role in preparing of the most significant PPP projects in CEE Region (PPP project D4/R7 – Bratislava Bypass and PPP Project D4, Czech Republic).

Ludovit has also extensive legal consultancy experience in the areas of corporate governance, transactions and M&A.

Selected references
Recent international arbitration cases where Ludovit acted as an counsel:
  • Counsel to the company operating in road sector in ICC arbitration (2021 ICC Rules) (case value EUR 200 mil.)
  • Local counsel to the major international law firm in arbitration (2017 ICC Rules) arising from road PPP Project (case value EUR 120 mil.)
  • Counsel to the Slovak Republic in investment treaty arbitration (ad hoc 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 treaty arbitration (UNCITRAL rules) based on a BIT arising from the investment in the aircraft industry (case value EUR 28 mil.)
  • Counsel to the Czech company in the early stage of investment treaty 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 treaty 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 treaty 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 treaty 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.)
  • Counsel to a Czech company in the early stage of investment arbitration (ad hoc arbitration, UNCITRAL Rules) with south European state (case value EUR 20 mil.)
  • Representing of the National Council of the Slovak Republic in 7 major court disputes (partially linked to investment arbitration proceedings) with foreign investors (cases value in total EUR 600 mil.)
  • Representing client before the Grand Chamber of Court of Justice of European Union in preliminary ruling proceedings
Recent international arbitration cases where Ludovit acted as an arbitrator:
  • Sole arbitrator (appointed jointly by both parties) in an VIAC arbitration (Vienna Rules 2021) in IT sector (case value EUR 0,5 mil.)
  • Co-arbitrator (appointed by the claimant) in an ad hoc arbitration (place of arbitration: Helsinki, Finland) in engineering project (case value EUR 1,5 mil.)
  • Co-arbitrator (appointed by the claimant) in an ICC arbitration (2017 ICC Rules) in construction sector (case value EUR 23 mil.)
  • Co-arbitrator (appointed by the respondent) in a VIAC arbitration (Vienna Rules 2013) in real estate investment (case value EUR 1 mil.)
  • Co-arbitrator (appointed by the respondent) in a VIAC arbitration (Vienna Rules 2013) in real estate investment (case value EUR 0,8 mil.)
  • Sole arbitrator in several arbitration at the Arbitration Court of the Slovak Bar Association, ad hoc arbitrations
  • Adjudicator in road construction project (FIDIC rules) (case value EUR 400 mil.)

Publications

  • Mičinský, Ľ., Štrpka, P.: (Slovak) Advocacy Act – Commentary [in Slovak language], Wolters Kluwer, Bratislava, 2022
  • 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, Bratislava (2018, 2019, 2021, 2022)
  • VIAC CAN Congress, 2023
  • Vienna Arbitration Days, Vienna (2016, 2017, 2023)
  • Investment Treaty Arbitration Conference, 2017, Prague (2011 – 2020)
  • Hong Kong Arbitration Week, 2015, Hong Kong
  • Swedish arbitration days, 2012, Stockholm
  • European union and Investment Agreements, 2012, Vienna
  • Cross-examination in international arbitration, 2010, Vienna
  • Fifth Annual Leading Arbitrators' Symposium on the Conduct of International Arbitration, 2009, Vienna

Other Activities

Ludovit cooperates with Slovak law faculties and Universities in the field of arbitration. 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.

Ludovit also lectures law students on legal thinking and writing in cases.

Contact Dr. Ludovit Micinsky, MCIArb