Stefan Kuuskne

Executive Summary

Stefan Kuuskne is an international trade, litigation and arbitration lawyer, advising on cross-border trade and disputes. Stefan’s international trade and investment practice includes advising on treaty interpretation, cross-border regulatory compliance, sanctions, remedies, modern slavery and anti-corruption legislation. Stefan is particularly focused on assisting cross-border clients in navigating evolving international tariff and investment regimes.

Stefan’s arbitration practice includes high-level representation in international commercial and investor-state arbitration. He has represented large commercial entities and sovereign states under the ICSID, ICC, UNCITRAL, LCIA and ADRIC arbitration rules. He also represents clients in both international and domestic ad hoc arbitrations. In addition, Stefan has experience in complex commercial matters and has represented clients in major cross-border litigation, as well as class-actions.

He possesses in-depth sectoral expertise in transportation, energy, mining, deep-sea mining, climate change regulation and telecommunications.

Stefan was formerly counsel at the Trade Law Bureau at the Government of Canada where he represented the State in investor-state arbitration, trade agreement negotiations and advised on WTO obligations. He previously practiced international arbitration, trade and complex commercial litigation at major international law firms in Toronto, New York and Paris. 

Expertise

• Transportation and Logistics
• Dispute Resolution
• International Trade/Business & Corporate Commercial
• International and Domestic Arbitration

Representative Work

• Advising an international commercial importer regarding tariff risk mitigation and HS classification.
• Representation of a Canadian beef industry association regarding a Chinese safeguard investigation.
• Advising an international construction company regarding contractual tariff liability.
• Representation of a Canadian pipeline construction company in a C$1.25-billion ICC arbitration claim regarding construction of energy infrastructure.
• Representation of an international beverage company in a multi-million dollar ICC arbitration regarding a licensing agreement in Latin America.
• Representation of an international-energy company in a USD $230 million ICC arbitration seated in New York, regarding investment in a South American oil and gas pipeline project.
• Representation of a medical services company in a domestic arbitration administered under the ADRIC rules.
• Successful representation of the Government of Canada in a USD $30.1 million ICSID arbitration in Koch Industries, Inc. and Koch Supply & Trading, LP v. Government of Canada.
• Successful representation of the Government of Canada in a USD $1.8 billion ICSID arbitration in Global Telecom Holdings v. The Government of Canada.
• Successful representation of the Government of Canada in a USD $121 million UNCITRAL arbitration in Resolute Forest Products Inc v The Government of Canada.
• Representation of the Government of Canada in a USD $3.5 billion UNCITRAL arbitration in Odyssey Marine Exploration, Inc. v. United Mexican States.