Matthias Kuscher specialises in international disputes, including international commercial and investment arbitration and cross-border litigation.
Since joining De Brauw in 2012, Matthias has acted as counsel in and advised on large-scale international disputes in the fields of energy, infrastructure, investment protection, construction and intellectual property under the rules of the ICC, UNCITRAL, DIS, Swiss Chambers, VIAC, NAI and ICSID as well as before the Dutch and English courts. He also sits as an international arbitrator.
Matthias’ recent work includes advising and representing:
- the former majority shareholders of Yukos in setting aside proceedings in respect of three UNCITRAL arbitral awards worth USD 50 billion issued against the Russian Federation under the Energy Charter Treaty.
- a Dutch investor in an ICSID arbitration under the Energy Charter Treaty against the Republic of Croatia.
- an international energy company in an ICC ‘baseball’ arbitration under English law against an international energy company arising out of a long-term LNG supply contract.
- a global agribusiness and food company in parallel NAI arbitrations under Dutch law against a multinational agro-industrial conglomerate arising out of a failed JV in Eastern Europe.
- an international energy company in three parallel ICC and ad hoc arbitrations under Norwegian and German law against another international energy company arising out of a matrix of long-term gas supply contracts.
- a multinational pharmaceutical company in a Swiss Chambers arbitration under German law against a global healthcare company with respect to diagnostic technology.
- a global metal producer in a public-private dispute and complex negotiations with a South American State.
- a European State-owned national transport provider in a DIS arbitration under German law against another European State-owned national transport provider relating to the valuation of infrastructural assets.
- an international gold producer in a hybrid contractual and investment protection dispute on illegal mining operations with a South American State.
Prior to joining De Brauw, Matthias was Legal Counsel to the Permanent Court of Arbitration (PCA) in The Hague and established the PCA’s first overseas presence as the inaugural PCA Representative and Legal Officer in the Republic of Mauritius. Before that, Matthias was the Counsel in charge of the United Kingdom and Commonwealth case management team at the ICC International Court of Arbitration in Paris, where he supervised hundreds of arbitrations and scrutinised dozens of arbitral awards.
Matthias has received numerous prestigious awards, including the Vinerian Scholarship (Proxime Accessit) at Oxford and several university and college prizes at both Oxford and Cambridge.