Markus Burgstaller

Practice Areas

Markus Burgstaller combines experience in public international law and EU law at the highest level of government with many years of experience in private practice. He advises clients on international economic law, including sanctions, and acts for States, international organisations, businesses, and individuals in international disputes, mainly arbitrations under ICSID, UNCITRAL and ICC rules, and in proceedings before the Court of Justice of the European Union (CJEU). He is nominated to the ICSID Panel of Arbitrators by the Austrian Government.

Markus was lead counsel for the Slovak Republic in the Achmea case before the CJEU in which the CJEU ruled that EU law precludes a provision in an international agreement concluded between EU Member States that provides for investor-State arbitration. For his work Markus received the Financial Times Innovative Lawyers award for innovation in legal expertise – dispute resolution, the award for "Most Important Decision" by Global Arbitration Review and was named "Lawyer of the Week" by The Times.

Recognized as a leading individual in public international law in the UK and globally, Markus guest lectures at universities such as the University of Cambridge, the London School of Economics and Political Science, and Humboldt University in Berlin. Markus is frequently interviewed and published in international media such as the Financial Times, The Economist, The Times, the BBC, and the Frankfurter Allgemeine Zeitung.

Professional Memberships

British Institute of International and Comparative Law

International Law Association

European Society of International Law

Publications

https://www.hoganlovells.com/en/publications/political-transitions-in-africa-and-the-mining-sector-an-outlook-for-the-remainder-of-2025-and-2026

https://www.hoganlovells.com/en/publications/eus-18th-sanctions-package-takes-aim-at-investorstate-dispute-settlement-another-layer-to-the-eus

https://www.hoganlovells.com/en/publications/international-court-of-justice-advisory-opinion-on-the-obligations-of-states-in-respect-of-climate

Experience

Acting for Irish investors in an ICSID arbitration against the Federal Republic of Germany under the Energy Charter Treaty.

Acting for the Slovak Republic in proceedings to set aside an award under a Bilateral Investment Treaty before the German courts and the Court of Justice of the European Union.

Acting for a Belgian investor in an ICSID arbitration against the Republic of Turkey under a Bilateral Investment Treaty.

Acting for Ukraine in an ICSID arbitration under a Bilateral Investment Treaty.

Acting for a UK investor in an ICSID arbitration against Romania under the Energy Charter Treaty.

Acting for the Republic of India in an UNCITRAL arbitration under a Bilateral Investment Treaty.

Acting for a Turkish investor in an ICSID arbitration against the Republic of Azerbaijan under a Bilateral Investment Treaty.

Acting for the Republic of Vietnam in three separate UNCITRAL arbitrations under a Bilateral Investment Treaty and the investment chapter of a Bilateral Trade Agreement.

Acting for an investor in an UNCITRAL arbitration against the Kyrgyz Republic under the Kyrgyz Foreign Investment Law.

Acting for Mongolia in an UNCITRAL arbitration under the Energy Charter Treaty and the Mongolian Foreign Investment Law.

Education