Ana Stanic is a renowned international arbitrator with over 25 years dispute resolution experience specialising in energy law, EU law, and international law, with a particular focus on international arbitration. She has served as an arbitrator for prestigious institutions such as the ICC, LCIA, and SCC and has acted as counsel for companies and States in numerous investment treaty and commercial arbitrations including concerning gas price reviews. Ana has also provided expert testimony on the interplay between EU energy law and international law before the European Social and Economic Committee and appeared before Court of Justice of the European Union. She has advised on inter-State disputes including maritime boundary disputes concerning straddling gas reserves, environmental disputes and disputes before International Court of Justice.
In addition to her extensive arbitration experience, Ana is a recognised authority in the field of energy law, being listed among the top Energy and Natural Resource lawyers in the UK by Chambers & Partners in recent years. Ana has been a member of the PCA Court of Arbitrators since 2019, and was appointed by the European Commission as an arbitrator in respect of bilateral disputes under the EU's trade and investments agreements with third countries in June 2022.
Ana has contributed to academia as a visiting professor at institutions such as Technische Universität Berlin, CEPMLP (Dundee), and UIBE (China). Her expertise spans across multiple countries, including the UK, CEE, Ukraine, Kazakhstan, Georgia, Russia, China, East Mediterranean, Spain, Italy, Nigeria, Australia, and Turkey.
Extensive experience in the energy oil and gas sector, advising on a wide range of critical issues. Ana has been counsel on the EU's recent measures regarding gas price caps and energy sector regulations, including hydrogen regulation and decarbonisation efforts. Her expertise also includes advising on sanctions, force majeure, and other challenges impacting gas supply agreements. Ana negotiated a concession agreement with India for the construction of a USD 1 billion LNG terminal and provided legal guidance to states and international institutions on major projects such as Nord Stream, the Southern Gas Corridor, and South Stream. Additionally, she has advised on a gas pipeline project in Central Asia, including host government agreements with transit states, and worked with the World Bank, European Commission, and other financial institutions on gas sector reforms in countries like Ukraine and Albania.
Ana has also been counsel in numerous international commercial and investment treaty arbitrations concerning energy infrastructure projects including shareholder disputes relating thereto.
EU Energy Law
Ana is a recognised as a leading expert in EUI energy law. She has advised World Bank, states and energy companies on the EU Third Energy Package, including unbundling, pipeline and LNG terminal exemptions from third-party access, and TSO certification, as well as the compliance of UK renewables policy with EU state aid law. She has given expert evidence before the European Economic and Social Committee on the interplay between EU energy law and the Law of the Sea Convention. She advised the European Commission on matters of EU law in the largest ECT claim brought against the EU to date.
Energy, Nuclear
Ana has worked in the nuclear sector for over 15 years advising on inter alia EU and international environmental law concerning the life time extension of nuclear power station, the construction of radioactive waste facility and financing of new nuclear power stations.
Ana has extensive experience in advising energy companies and states on EU and International Environmental Law inter alia as concerns construction of large energy infrastructure and industry projects as well as inter – State disputes concerning such projects. She has extensive experience in the inter-relationship between EU environmental law and the Industrial Emissions Directive.
Ana Stanic has a robust background in EU competition law, particularly as it pertains to the energy sector. In particular, she has advised on claims for abuse of dominant position in the gas market as well as assisted companies and states with regard to state aid notifications.
Ana has substantial experience in the banking sector, with a background as a prudential bank supervisor and an excellent grasp of accounting, finance, and banking principles. She has advised states and financial institutions on complex syndicated loan agreements, bond issues and has been involved in the restructuring of energy companies and banks in Central and Eastern Europe (CEE). Additionally, Ana has guided energy companies through numerous mergers and acquisitions, including conducting comprehensive legal due diligence.
Arbitration:
Chair, LCIA arbitration concerning a sanctions related dispute, English law.
Chair, LCIA arbitration concerning a contractual dispute involving Georgian and Chinese party, English law.
Co-Arbitrator, ICC arbitration concerning a construction of energy infrastructure dispute involving a state-owned energy company, Macedonian law.
Co-Arbitrator, LCIA arbitration concerning oil brokerage agreement between Ukrainian and Cypriot company in which sanctions against Ukraine and force majeure grounds are invoked, English law.
Sole Arbitrator, ICDR arbitration concerning breach of employment contract, Maltese law.
Co-Arbitrator, Polish Arbitration Court arbitration concerning breach of service contract involving a Polish and Vietnamese party, Polish law.
Co-Arbitrator, SCC arbitration concerning a breach of contract involving a Swedish and Croatian party, Swedish law.
Counsel:
USD 200 million UNCITRAL gas price review arbitration. English law as governing law
USD 250 million gas price review negotiations which settled
USD 150 million SCC gas price review arbitration. Norwegian law as governing law
advising on EU competition law and state aid in relation to gas supply agreements including take or pay, destination clauses
prepared a study for Japanese client on LNG and gas price reviews in the EU part of which was subsequently published in leading Japanese journal as LNG and gas price reviews in the EU: Lessons for Japan, Japan Oil and Gas Metal Corporation, April 2019 (pdf)
advising companies in China regarding the possibility of triggering gas price reviews
published a leading article on gas price reviews in 2007 entitled: Changes in the European Gas Market and Price Review Arbitrations, special edition of the Journal of Energy and Resource Law on Energy Disputes (pdf). The article has been quoted in numerous arbitral proceedings and arbitral awards.
ICC arbitration seated in London raising complex questions of English law concerning jurisdiction, conflicts of laws and proof of foreign law and equity
ICC arbitration seated in London concerning the construction of a power station in Spain
ICC arbitration seated in London concerning a contractual dispute
ICC arbitration seated in Vienna concerning an introducer agreement. English as governing law
LCIA arbitration concerning an Euro 1.5 billion shareholder dispute raising issues of HK, English and Russian law as well as competition law issues
VIAC arbitration in Vienna concerning an employment and contractual dispute. English as governing law
LMO arbitration between a Qatari and Ukrainian company concerning a shipping and contract dispute. English as governing law
ICSID Arbitration representing an energy company in case concerning breaches of EU environmental law
ICSID Arbitration representing an energy company against Bosnia and Serbia concerning investments in energy infrastructure
ICSID Arbitration representing Croatia against a Belgium investor concerning real estate investment
ICSID Arbitration representing an investor against Georgia concerning an oil concession
Academic:
LLM, Cambridge, specialising in International Dispute Settlement, Private Commercial Litigation, EU Law, and Public International Law, First Class Honours, 1997
LLB, University of New South Wales (UNSW), Australia, Top 6%,1994
Bachelor of Banking and Finance, University of New South Wales, Awarded with Merit (top 3%) ,1994
Central Bank of Slovenia (Slovenia), 1996: Bank Supervisor
Slovenian Ministry of Economic Relations, Slovenia (1995): Legal Counsel negotiating BITS and FTA
Bar Admissions:
Australia
England & Wales
Ireland
Memberships:
Ana is admitted to several Arbitral Institutions including:
PCA Panel of Arbitrators
SIAC Panel of Arbitrators
CIETAC Panel of Arbitrators
VIAC Panel of Arbitrators
Croatian Court of Arbitration
Polish Arbitration Centre
Slovenian Arbitration Court
Georgian International Arbitration Centre
Member, ICC Commission on Arbitration and ADR and ICC Commission on Arbitration in CEE
Fellow of the Chartered Institute of Arbitrators (FCIArb)
Academic Experience:
CEPMLP, Dundee University, Visiting professor of international investment treaty and international commercial arbitration (ICA), 2013 – present
UIBE Law School, China, Visiting professor in public international law, 2018 – present
Technische Universität, Germany, Visiting professor in EU energy law, 2015 – present
School of African and Oriental Studies, UK, Visiting lecturer in ICA and investment treaty arbitration, 2007 – 2012
Notre Dame University, UK, Visiting professor of ICA, 2007 – 2013
British Institute of International and Comparative Law, UK, Research fellow – public international law, 2003 – 2004
Ana regularly publishes articles on international arbitration, energy, environment and climate change, public international law, EU and Brexit.
For a full list please contact info@arbitra.co.uk
Recent publications include:
LNG and gas price reviews in the EU: Lessons for Japan, Japan Oil and Gas Metal Corporation, April 2019 (pdf).
Global Gas Perspectives: Will US LNG Remain Priced Out of Europe?, Natural Gas World Magazine, 14 July 2017 (pdf).
Changes in the European Gas Market and Price Review Arbitrations, special edition of the Journal of Energy and Resource Law on Energy Disputes, August 2007 (pdf).
Neskladje z evropsko zakonodajo povzroča veliko škodo (Inconsistency with EU law causes significant costs to Slovenian companies), Delo (Slovenian newspaper), 13 January 2024 (link).
Energija je lahko razlog za vojno. Lahko je tudi razlog za sklenitev miru (Energy can be the Cause of War but it can also be the Basis for Peace), Delo newspaper, Slovenia, 4 June 2022 (pdf).
Does the Advocate General’s Opinion Provide Clarity on the Validity of Intra-EU ECT Investor-State Arbitral Awards?, Kluwer Arbitration Blog, 11 December 2020 (link).
EU Public Policy, Enforcement of awards and Nord Stream 2, a chapter co-authored with Clemens Treichl in an article entitled The Vienna Propositions for Safeguarding Public Interest, Public Policy, Competition and Insolvency in International Arbitration (Pitkowitz et al.), Austrian Yearbook of International Arbitration 2021 (pdf).
State aid to help mitigate the effects of Covid-19: a comparison of European and Slovenian measures, Pravna praksa, No. 24-25, June 2020. The article is available in Slovene (pdf).
The challenges facing Eastern Mediterranean gas and how international law can help overcome them, co-authored with Sohbet Karbuz, The Journal of Energy & Natural Resources Law, Taylor&Francis online, 30 October 2020 (link).
Changes in the European Gas Market and Price Review Arbitrations, special edition of the Journal of Energy and Resource Law on Energy Disputes, August 2007 (pdf).