Alexandra Shmarko-Kudryavtseva focuses on international arbitration and litigation.
In 2019-2020, Alexandra was recognized as one of Russia’s Top Young Arbitration Practitioners (Arbitration Association 40 Awards). In 2021, Alexandra was appointed as the Regional Representative of ICC Young Arbitrators' Forum (Chapter for Europe). In 2015-2021, Alexandra was a Co-Chair of RAA25 – the division of the Russian Arbitration Association devoted to young practitioners interested in international arbitration.
ICC YAF – Regional Representative.
Russian Arbitration Association (RAA25) - Co-Chair (2015-2021).
Represented Gazprom export LLC in the ICC arbitration initiated by Overgas Inc. AD against the client in relation to the cessation of supplies under the provisions of a long-term gas supply contract governed by Swiss law. Overgas Inc. AD claimed approximately EUR 300 million as damages caused by the client by the alleged violations of EU competition law, Swiss law and contract. The client’s counterclaims amounted to approximately EUR 100 million and represented the claims for collection of debt for effected natural gas supplies. The ICC arbitration was complicated by the proceedings before the European Commission (the Commission decided in the client’s favour – not to investigate and closed the case as there has been no breach of the EU competition law) and a corporate conflict that led to a commercial litigation in the London High Court of Justice. In December 2018 the arbitral tribunal dismissed all claims brought by Overgas Inc. AD against the client, granted the counterclaims of Gazprom export LLC in full and awarded the reimbursement of all legal and administrative costs in favour of the client.
Represented Gazprom export LLC in the course of litigation proceedings in the High Court of Justice in London against its joint venture in Bulgaria, Overgas Inc. AD, its affiliated entities and the beneficiary of the group, a Bulgarian businessman (CL-2018-000161). The client claimed damages incurred as a result of actions taken by Overgas Group of companies and their beneficiary (Defendants in the London proceedings) with the purpose of changing the shareholders’ structure and obtaining control in the subsidiary of Overgas Inc. AD (Overgas Mrezhi AD). At the end of January 2021, Gazprom export LLC and Overgas Inc. AD reached a mutually satisfactory final agreement on the settlement of all existing disputes and claims, as well as the sale of the share of Gazprom PJSC and Gazprom export LLC in Overgas Inc. AD. As a result of the agreement, the client received over EUR 100 mln, and the litigation proceedings in the High Court of Justice in London were terminated upon the parties’ mutual agreement.
Represented Manolium Processing LLC in the first investment arbitration proceedings against the Republic of Belarus under the UNCITRAL Arbitration Rules and the provisions of the Treaty on the Eurasian Economic Union of 29 October 2014. The arbitral tribunal granted the investor’s claim for compensating the expropriated investments in the amount of USD 20,5 million, and also granted the investor’s claim for reimbursement by the Republic of Belarus of the investor’s arbitration costs and 75% of legal costs. (PCA Case No. 2018-06).
Represented RWE AG against Rustenburg Co. Ltd. in the appeal proceedings with a EUR 700 million damage claim (plus interest) against RWE AG in the Hamm Higher Regional Court in Germany. Sintez Group and RWE AG had planned a joint acquisition of the Russian energy supplier TGK-2 in 2008. Following the failure of the negotiations, Rustenburg Co. Ltd., part of Sintez Group, filed the damage claim against RWE AG arising from the termination of the mutual plan. After initial dismissal of claims, Rustenburg Co. Ltd. continued the dispute before the Hamm Higher Regional Court and obtained an extensive discovery proceeding in English and Russian law. The Higher Regional Court has dismissed Rustenburg's appeal and denied the appeal to the Federal Court of Justice.
Represented a major Russian natural gas supplier in ad hoc gas price revision arbitration initiated against the client by its customer with the place of arbitration in Sweden. The customer demanded the revision of the gas price under the long-term gas supply contract. The claims approximately amounted to USD 1 billion, and the customer’s claims also included a claim for partial invalidation of the take-or-pay clause thereunder, mainly on the basis of the alleged violation of Article 102 TFEU and abuse of dominance on the part of the client.
Represented a Russian defense enterprise in the arbitration proceedings under the Rules of the ICAC at the Ukrainian CCI against the client’s supplier in a case involving USD 10 million worth of claims arising from the supply contract and due to non-performance of contractual obligations and subsequent force majeure circumstances as a result of the actions of the supplier’s State.
Represented the biggest Kazakhstani state-owned gas supply company KazTransGas JSC in its investment dispute with Georgia relating to investments in KazTransGas-Tbilisi.
Represented a Western oil company in a number of arbitration disputes against a major Czech oil company in the SCC arbitration proceedings and under the UNCITRAL arbitration rules with the value of claims of around USD 3.5 million.