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Arbitrators
Shchavelev Alexander

Shchavelev Alexander

Pinsent Masons Partnerschaft von Rechtsanwälten mbB
alexander.shchavelev@pinsentmasons.com
Tel: +4989203043500
Address: Ottostraße 21, 80333 Munich, Germany
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General information

Russian Federation
Munich
Russian - fluent
English - fluent
German - fluent

Career

Pinsent Masons Partnerschaft von Rechtsanwälten mbB , Munich
Senior Associate
Orrick, Herrington & Sutcliffe LLP , Dusseldorf
Associate
Germany

Experience as arbitrator

Served as arbitrator in 1-3 cases in domestic arbitrations
DIS Rules

Examples of cases

Sole arbitrator appointed by the DIS in an arbitration between two German entities in connection with an infrastructure project. The dispute was settled and the proceedings were terminated by means of an award on agreed terms. The parties had exchanged one round of submissions and were provided with a preliminary case assessment in connection with the CMC on the basis of which the settlement was concluded.
Yes
No

Experience as the tribunal’s secretary / assistant to the president of the tribunal

Several multi-million arbitrations in connection with post-M&A disputes under the DIS and ICC Rules seated in Germany with German substantive law. Several multi-million gas price revision arbitrations triggered by the liberalisation of the European gas market under the DIS, ICC and LCIA Rules seated in Germany, Switzerland and London with German and English substantive law. An ad hoc arbitration in connection with a dispute over the construction of a power plant seated in Germany with German substantive law. A multi-million ICC arbitration in the pharmaceutical sector under the ICC Rules seated in Switzerland with Swiss substantive law.

Experience as counsel

Acted as counsel for 5-10 years in domestic and international arbitrations
LCIA Rules
ICC Rules
DIS Rules
ad hoc

Examples of cases

Russian client v Turkish contractor, claims in connection with an infrastructure project in Russia, London seat, English law, LCIA Rules, multi-million. Dutch client v Italian sub-contractor, claims arising out of an engineering services agreement for a construction project in Russia, Cologne seat, German law, DIS Rules, approx. EUR 10 mln. German client v US distributor, claims and counterclaims arising out of the termination of a distribution agreement in the eyewear industry, Munich seat, German law, DIS Rules, approx. EUR 10 mln. Parallel interim injunction in aid of arbitration in the United States. Major German shipyard (client) vs German employer, dispute arising out of a contract for the construction of an offshore wind farm, Hamburg seat, German law, DAB proceedings. Major German company in the automotive sector (client) v German supplier, joint-venture dispute, Frankfurt seat, German law, DIS rules. German seller v German buyer, post M&A arbitration pursuing earn-out claims, Dusseldorf seat, German law, fast track DIS rules.
quantum (damages) experts
construction experts

General arbitration experience

London
Frankfurt
Munich
Hamburg
Dusseldorf
Cologne
London
Paris
Geneva and/or Zurich
Frankfurt
Munich
English law
German law
Swiss law
сonstruction arbitrations
commercial arbitration
сonstruction arbitrations
commercial arbitration
Has been involved in dispute resolution as counsel
Has been involved in expert determination as counsel

Education, qualifications, awards

University of Freiburg (Germany), PhD, 2012
University of New South Wales (Sydney, Australia), LL.M., 2012
University of Freiburg (Germany), State Exam in Law, Honors: n/a, 2010
Listed as "other key lawyer" of the practice by Legal500 EMEA 2021 directory: "Senior associate Alexander Shchavelev is focused on disputes with reference to Russia and CIS states." Listed for commercial arbitration (Germany) by Expert Guides Rising Starts 2021.
Member of the DIS working group that prepared the official Russian translation of the 2018 DIS Arbitration Rules.

Preferences as an arbitrator

available
IBA Guidelines
no general preference
no general preference
no general preference
no general preference
no general preference
Maximum deference to the right to present the party’s case
5
Rigorous control of the process by the tribunal
Always
Arbitrators should encourage parties to settle the dispute including by making inquiries and/or steps such as encouraging participation of in-house counsel or management in hearings

Other information

Publications and presentations: - Bankruptcy vs International Arbitration – German perspective, panel presentation at RAA40/RusFor Webinar, 1 June 2021 - Intersection of arbitration and insolvency focus of new toolkit, Out-Law News, 24 March 2021 - DIS Arbitration Rules 2018 – Experience of two years of application [Арбитражный Регламент ДИС 2018 – опыт применения первых двух лет], 2 (4) Commercial Arbitration 2020, 210 (in Russian) - International Arbitration in Germany, in Flecke-Giammarco/Boog/ Elsing/Heckel/Meier (eds), The DIS Arbitration Rules, Kluwer Law International, 2020, § 1.02 (together with Alexander Grimm and Ulrich Kopetzki) - Cybersecurity protocol will raise awareness of data protection in arbitration, Out-Law News, 26 November 2019 - Germany's highest court awards damages for violation of a choice of court agreement, Out-Law Analysis, 21 October 2019 - Host State’s Regulatory Freedom and Investors’ Legitimate Expectations, panel presentation at Young ICCA/Young IMA Conference on Investment Treaty Arbitration (St. Petersburg, 2 November 2018) - The New DIS Arbitration Rules 2018 [Die neue DIS-Schiedsgerichtsordnung 2018], IPrax 2018, p. 461 (in German, together with Siegfried H. Elsing) - The New 2018 Arbitration Rules of the German Arbitration Institute [Новый Регламент Коммерческого Арбитража 2018 Немецкого Арбитражного Института (ДИС)], DRJV-Sammelband zum deutschen Recht in russischer Sprache [Сборник статей о праве Германии], No. 3, 2018, p. 255 (in Russian, online publication) - DIS Arbitration Rules 2018 – Well-tried Rules Dressed New [DIS-Schiedsordnung 2018 – Altbewährtes in neuem Gewand], M&A Review 2018, p. 118 (in German, together with Siegfried H. Elsing) - International Arbitration – Facilitating the Dialogue in a Dispute [Internationale Schiedsgerichtsbarkeit – Förderung des Dialogs im Streitfall], in Birke/Wedde (eds), Im Dienst des deutsch-russischen Rechtsdialogs: Festschrift 30 Jahre Deutsch-Russische Juristenvereinigung, BWV, 2018, p. 77 (in German, together with Antonida Netzer) - The Role of Party-Appointed Arbitrators, in Shaughnessy/Tung (eds), The Powers and Duties of an Arbitrator: Liber Amicorum Pierre A. Karrer, Kluwer Law International, 2017, p. 65 (together with Siegfried H. Elsing) - Umbrella Clauses - A Balanced Approach to Interpretation, GRIN Verlag, 2013