Diana Tsutieva

Associate - Washington, D.C.

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Diana Tsutieva is an experienced international dispute resolution attorney in Foley Hoag’s International Litigation and Arbitration Department. She focuses her practice on international investment arbitration, public international law matters, and international commercial arbitration. Diana is dual-qualified in common law and civil law, admitted to practice in several jurisdictions in the United States and in Paris, France. She is fluent in English, Russian and French.

Diana has particular experience representing States, State-owned and private entities and individuals in international disputes. She has represented sovereign States and/or State-owned entities in arbitration proceedings administered by ICSID, UNCITRAL, ICC and other institutions. She has represented clients in matters involving regulatory actions in the oil and gas industry, mining, financial services and healthcare; environmental claims; and issues of corruption and bribery.

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Education:

  • The Hague Academy of International Law, Public International Law, Certificate, 2017
  • Université Panthéon - Sorbonne (Paris 1), LL.M. in French & European Community Law, 2007
  • Rutgers University, J.D., 2004
  • Cornell University, B.A. in Comparative Literature, with distinction in all subjects, 2001

Languages:

English, French, Russian, Chechen

Representative Experience

Investor-State Arbitration Disputes

  • Niko Resources v. Bangladesh, Bapex and Petrobangla. Counsel to Bangladesh and its State entities in a dispute before ICSID concerning the causes and impacts of two gas blowouts.
  • Anglo American v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a UK mining company in an ICSID Additional Facility arbitration concerning the termination of a nickel concession.
  • Merck Sharpe & Dohme (I.A.) v. The Republic of Ecuador. Counsel to the Republic of Ecuador in an UNCITRAL arbitration under the Ecuador - U.S. bilateral investment treaty arising from the alleged treatment of a foreign investor by the Ecuadorean judiciary.    
  • Murphy Exploration & Production Company-International v. The Republic of Ecuador. Counsel to the Republic of Ecuador in an UNCITRAL arbitration under the Ecuador – U.S. bilateral investment treaty arising from changes in domestic legislation pertaining to the exploitation of oil resources in Ecuador.
  • Ping An Life Insurance Company of China, Limited & Ping An Insurance (Group) Company of China, Limited v. The Kingdom of Belgium. Counsel to Belgium in an ICSID arbitration under the China-Belgium bilateral investment treaty arising from measures in the financial services sector. The case was dismissed for lack of jurisdiction over the investor’s claims.
  • European American Investment Bank AG (Austria) v. The Slovak Republic. Counsel to the Slovak Republic in an UNCITRAL arbitration under the Austria-Czech and Slovak Republic bilateral investment treaty arising from changes in the Slovak health insurance sector. The case was dismissed for lack of jurisdiction over the investor’s claims.
  • Achmea B.V. v. The Slovak Republic. Counsel to the Slovak Republic in an UNCITRAL arbitration under the Netherlands-Slovak Republic BIT arising from alleged measures in the health insurance sector. The case was dismissed for lack of jurisdiction over the investor’s claims.
  • Gold Reserve v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a Canadian gold mining company in an ICSID Additional Facility arbitration concerning gold concessions and environmental rights.
  • Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a Canadian mining company in an ICSID Additional Facility arbitration arising from the cancellation of a gold mining contract, under the Canada – Venezuela bilateral investment treaty. The tribunal found Venezuela not liable for breach of the Canada-Venezuela BIT.
  • Counsel to a state-owned petroleum company in ICC proceedings brought by a consortium in connection with a breach of contract claim relating to enhanced oil recovery techniques.

International Litigation and Arbitration 

  • Croatia v. Slovenia (Ad hoc arbitration under the aegis of the European Commission).  Counsel to the Republic of Croatia in arbitration concerning the delimitation of land and maritime boundaries.
  • The Republic of Djibouti v. State of Eritrea (African Commission on Human and Peoples’ Rights).  Counsel to Djibouti in an inter-State proceeding involving Eritrea’s detention of Djiboutian prisoners of war.

International Commercial Arbitration Cases

  • Counsel to a State-owned naval engineering firm in an ICC arbitration proceeding in connection with breach of contract claims relating to maintenance and repair of two submarines. 

Representation of Sovereign States in US Courts

  • Counsel to the Kingdom of Spain in an enforcement action brought by Novenergia, a Luxembourg fund, before the US District Court of the District of Columbia to confirm and enforce an arbitral award issued by an SCC arbitral tribunal under the Energy Charter Treaty.
  • Co-author with Mark A. Clodfelter, Counterclaims in Investment Arbitration, in Katia Yannaca-Small, ARBITRATION UNDER INTERNATIONAL INVESTMENT AGREEMENTS: A GUIDE TO THE KEY ISSUES (2nd edition, 2018)
  • Co-author with D. Schimmel, J. Shope, and A. Hainsworth and D. Tsutieva, "Transparency in Arbitration," Practical Law (Winter 2018)
  • Co-author with John Shope, "Summary Disposition in Arbitration," Today’s General Counsel, Winter 2018
  • Worked with Pierre d’Argent on Le règlement des différends en-dehors de la Convention de Montego Bay in Mathias Forteau, Daniel Müller, Alain Pellet and Jean-Marc Thouvenin, Traité de droit international de la mer (2016)
  • Worked with Mark A. Clodfelter on “Written Proceedings in International Investment Arbitration” in Litigating International Investment Disputes: A Practitioner’s Guide, C. Giorgetti ed., Brill Nijhoff (2014).

Honors

  • Who's Who Legal: Arbitration 2019 – Future Leaders
  • Who's Who Legal: Arbitration 2018 – Future Leaders

Involvement

  • American Society of International Law
    • Co-Chair of the Dispute Resolution Interest Group (2018-2021) 
    • Founding Chair, Steering Committee, DRIG ISDS Reforms Working Group (2018-2021) 
  • American Bar Association, Section of International Law
    • Vice-Chair, Publications, Eurasia/Russia Committee (2018-2019)
    • Planning Committee, ABA Dispute Resolution Conference (Moscow 2018)
  • European Society of International Law
  • African Association of International Law
  • British Institute of International Comparative Law
  • Delos Dispute Resolution Arbitrator Network

 

  • Moderator, Advanced Transport, Smart Cities & China’s ‘Maritime Silk Road’, The Silk Road Summit, 3rd Annual Conference: Exploring Business, Trade & Investment Opportunities on the New Eurasia/African Silk Roads (Washington, D.C., Nov. 2019)
  • Panelist, International Investment Disputes and Armenia, Armenian Center for Dispute Resolution (Yerevan, Armenia, Sept. 2019)
  • Panelist & Instructor, Young ICCA Skills Training Workshop on Oral Advocacy in International Arbitration (Yerevan, Armenia, Sept. 2019)
  • Panelist, Investment Arbitration, 8th DIS Baltic Arbitration Days 2019 (Riga, Latvia, June 2019)
  • Moderator, “China’s New Route to the Silk Road: Challenges and Opportunities for the Eurasian Region”, ABA Section of International Law 2019 Annual Conference (Washington, D.C., April 2019)
  • Moderator, Dispute Resolution Interest Group Business Meeting: Updates on DRIG ISDS Reforms Working Group, Annual Meeting of the American Society of International Law (Washington, D.C., March 2019)
  • Speaker, “Populism and International Trade Law,” Harvard International Law Journal’s 2019 Symposium (Cambridge, March 2019)
  • Lecturer, Careers in International Arbitration, Comparative and International Law Institute, Columbus School of Law The Catholic University of America (Washington D.C., September 17, 2018)
  • Interview with Secretary-General of ICSID, Meg Kinnear, Unfolding the Working Paper on ICSID Rules Amendment, sponsored by ASIL Dispute Resolution Interest Group (Washington D.C., September 6, 2018) 
  • Lecturer, “Bringing Counterclaims”, Executive Training on Investment Arbitration for Government Officials, Columbia Center for Sustainable Investment, Columbia University (New York, August 7, 2018)
  • Speaker, “Raising Jurisdictional Objections” and “Bringing Counterclaims”, Investor-State Arbitration Seminar organized by the Ministry of Justice of Uzbekistan (in Russian) (Tashkent, May 2018) 
  • Moderator, “The Rise of Foreign Agent Laws: The Emerging Trends in their Enactment and Application in the U.S., Russia and Across the Globe,” ABA Section of International Law Annual Conference, (New York, April 20, 2018)
  • Speaker, “The Use of Summary Procedures in International Commercial Arbitration,” ASIL Dispute Resolution Interest Group Business Meeting, (Washington D.C., April 5, 2018)
  • Speaker, "The Perceived Ineffectiveness of the Investment Arbitration System in Responding to the Claims of Arbitrators' Lack of Impartiality and Possible Solutions," International Conference on the Duties, Rights and Powers of International Arbitrators, American University Washington College of Law (sponsored by the American Society of International Law), (Washington, D.C.,Sept.19, 2017)
  • Lecturer, "Bringing Counterclaims in Investment Arbitration" Executive Training Program on Investment Arbitration for Government Officials, Columbia Center for Sustainable Investment, Columbia University (New York, Aug. 9, 2017)
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