GBS Disputes

Andrei is or was part of the team advising and/or representing:

Investment disputes

• The Republic of Georgia, Respondent in an SCC arbitration initiated by Mr. Zaza Okuashvili under the Georgia-U.K. bilateral investment treaty. The dispute relates to taxes owed to the State by various companies owned by the Claimant.
• The Republic of Georgia in an ICSID arbitration brought by U.S. investors under the Georgia-U.S. bilateral investment treaty. The dispute arises from the alleged mistreatment of Magticom, Georgia’s leading telecommunication company, including the investigation, arrest and detention of its founder and majority shareholder, the son-in-law of former Georgian President Eduard Shevardnadze, by the government of President Mikhail Saakashvili in the aftermath of the 2003 Rose Revolution.
• The Republic of Lithuania, Respondent in an ICSID arbitration brought by Veolia Environnement S.A. and others in relation to district heating and power generation systems in Lithuania (ICSID Case No. ARB/16/3). The claims are brought under the Lithuania-France bilateral investment treaty. The dispute revolves around, inter alia, allegations of corruption, collusion, self-dealing, anti-competitive conduct and tariff manipulation. The total amount in dispute is in excess of EUR 500 million (including counterclaims that are now before the Lithuanian courts following Achmea).
• Ukraine, Respondent in an SCC arbitration in Stockholm brought by VEB.RF. The dispute related to sanctions and other measures allegedly targeting Russian banks in Ukraine after 2014. The claims were brought under the 1998 Ukraine-Russia bilateral investment treaty.
• The Republic of Lithuania in arbitration proceedings commenced by Russian State-owned gas company Gazprom in relation to Lithuania’s unbundling of gas transmission from gas production and supply in the Lithuanian gas distribution company Lietuvos Dujos, in compliance with the EU Third Energy Package and in particular Directive (EC) 2009/73. The proceedings were brought under the 1999 Russia-Lithuania BIT and were conducted under the 1976 UNCITRAL Arbitration Rules.

Commercial disputes

• An international joint venture and an African energy company, Respondents in an ICC arbitration in Geneva brought by North Asian contractors. The dispute relates to a settlement agreement entered into following a dispute arising from an EPC contract for the construction of a USD 3 billion fertilizer plant in an African State. The law of the African State applies. One of our clients successfully objected to the Tribunal’s jurisdiction and no longer is a party to the proceedings.
• Vilnius City Municipality and the Municipality-owned district heating company in an SCC arbitration in Vilnius against Veolia Environnement S.A. and a Lithuanian subsidiary. The dispute concerned the operation and management of a 15-year district heating concession in Vilnius and Lithuanian law applied. Veolia initiated the arbitration and advanced claims in the region of EUR 50 million. Our clients counterclaimed and secured an award in their favour for a net value of approximately EUR 56 million.
• The Republic of Lithuania, Claimant in an SCC arbitration in Stockholm against Gazprom, in relation to Gazprom’s obligations to supply gas based on fair prices under the Share Sale and Purchase Agreement between Lithuania and Gazprom as well as Gazprom’s breaches of its obligations under the Shareholders’ Agreement, resulting in overpayments in excess of EUR 1.54 billion.

Setting aside and enforcement

• The majority shareholders in the former Yukos Oil Company in relation to the recognition and enforcement proceedings initiated in multiple jurisdictions for the enforcement of the USD 50 billion awards rendered in the arbitrations brought by the shareholders against the Russian Federation concerning the unlawful treatment and expropriation of their investments in Yukos.
• The majority shareholders in the former Yukos Oil Company in proceedings initiated by the Russian Federation before Dutch courts to set aside the USD 50 billion awards rendered in the arbitrations brought by the shareholders against the Russian Federation concerning the expropriation of their investments in Yukos.

Advisory work

• Advising a European energy company on dispute resolution mechanisms in respect of a major investment project in Central Asia.
• Advising a major European company on risks related to a particular incident in its supply chain.

Education

• University of Oxford, Magister Juris degree (Weidenfeld scholar)
• Belarusian State University, Master of Jurisprudence degree
• Belarusian State University, Diploma in International Law, cum laude

Admissions & Courts

• England & Wales
• Belarus (not practicing)

Languages

• Belarusian
• Russian
• English
• French

Nationality

• Belarusian

• Regional Representative, Young International Council for Commercial Arbitration (ICCA)
• Member, ICC Young Arbitration & ADR Forum (YAAF)
• Member, LCIA’s Young International Arbitration Group (YIAG)
• Member, Young ICSID
• Member, International Bar Association (IBA)

• “Representing clients in international arbitration: Do’s and Don’ts,” Young ICCA – ADA University conference, Baku, 20 September 2024
• “The theory and practice of cross-examination,” Young ICCA’s workshop, Almaty, 13 April 2024
• “Cooperation between legal counsel and quantum experts,” GIAC Arbitration Days, Tbilisi, 13 October 2023
• “Investment arbitration and the implications of the ECJ’s Achmea decision,” Baltic Arbitration Days 2019, Riga, 14 June 2019
• “Arbitration hearings – More than arguments and facts. What else is in the room?,” Young Arbitration Club Finland / Club Español del Arbitraje, Helsinki, 22 May 2019
• “Arbitrators’ conflict of interests: Case of the arbitrator’s extensive cooperation with an expert,” Eastern European Dispute Resolution Forum, Minsk, 21 September 2018
• “Careers in international arbitration,” Young Alternative Dispute Resolution Belarus, Minsk, 19 September 2018