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Andrey Ushakov
counsel
Bars and courts
Qualified to practise law in the Russian Federation
Education

National Research University "Higher

School of Economics", Law Faculty, 2015

Languages

Russian, English

Citizenship

Russian Federation

Practice
Dispute Resolution

Andrey has significant experience representing clients in state courts and arbitrations in more than ten jurisdictions, including Russia, England and Wales, the USA (New York, California, Hawaii) and Spain.

Andrey advises and defends the interests of states, industrial holdings, major owners of retail real estate and entrepreneurs in investment, commercial, construction, bankruptcy and corporate disputes.

From 2017 to 2022 Andrey worked in the Moscow office of White & Case, and from 2014 to 2016 – in the Moscow office of Mannheimer Swartling.

Selected Experience

Advising and representing:

  • one of the leading Russian state-owned companies in international commercial arbitration (LCIA) in a multi-billion USD dispute in connection with the financing of a major infrastructure project;

  • a large metallurgical holding in disputes with a foreign supplier in the ICAC at the Chamber of Commerce and Industry of the Russian Federation and Russian state commercial courts in connection with the foreign supplier’s refusal to supply products to Russia;

  • the Russian Federation:

    • in investment arbitration arising out of the claim of S.V. Pugachev in an amount of over 14.5 billion USD. Having considered the case, the arbitral tribunal came to the conclusion that it lacked jurisdiction to hear S.V. Pugachev's claims;

    • in connection with the enforcement of arbitration awards in favour of former Yukos shareholders in the amount of over 50 billion USD;

  • a large Russian industrial and investment holding company as part of an out-of-court corporate conflict with another shareholder;

  • a Russian telecommunications company in the Russian courts in a dispute over representations and indemnities arising from an M&A transaction for the acquisition of a network of data centers;

  • the employer in connection with the termination of a complex construction contract worth over 50 billion RUB and claims invoking bank guarantees;

  • a large industrial group in connection with possible litigation and arbitration proceedings in Sweden, Austria, Germany, China and Turkey with a number of foreign counterparties in relation to their refusal to perform contractual obligations in connection with sanctions;

  • a Russian-Chinese joint venture as employer in connection with the termination of a number of contracts, including an EPSS contract, with a consortium of Russian and foreign contractors;

  • a large industrial company in connection with the claims of government bodies in state courts for the re-nationalisation of a number of transport infrastructure facilities privatised in the 1990s;

  • a Belarusian general contractor in proceedings under the rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) against the state of Turkmenistan and a Turkmen state concern. The dispute concerned the construction of a mining and processing plant in Turkmenistan under a contract worth 1 billion USD;

  • a financial manager appointed by a Russian court in relation to a wealthy entrepreneur in connection with a landmark case in which a decision was successfully obtained from the US Bankruptcy Court for the Southern District of New York to recognise the powers of the manager and the Russian bankruptcy proceedings in the United States. The amount of the dispute exceeded 500 million USD;

  • a major Russian entrepreneur in a dispute with another Russian entrepreneur in the High Court of England and Wales regarding an (alleged) joint venture;

  • the operator of an Uzbek potash plant in a series of cross-border disputes with a Russian contractor (in the process of bankruptcy) relating to a construction project in Uzbekistan costing over 100 million USD;

  • the largest owner of commercial real estate in Russia in a dispute concerning the enforcement of a preliminary agreement (a compulsory conclusion of a co-investment agreement) in the amount of over 1 billion roubles in Russian state courts;

  • a large Russian space industry enterprise in the Federal District Court for the Central District of California in a dispute related to the construction of a cosmodrome;

  • the former CEO of a Russian energy company in bankruptcy as a defendant in a dispute arising out of subsidiary liability for approximately 27 million USD;

  • Belaruskali, one of the world's largest producers and exporters of potash mineral fertilisers, in a number of cross-border disputes with a large Russian manufacturer of equipment for the chemical industry in connection with the supply of substandard equipment and the manufacturer's bankruptcy;

  • over two hundred Uzbek employees of a bankrupt Russian enterprise in disputes concerning unpaid wages and interest accrued under Uzbek law, as well as the ranking of claims in the bankruptcy. 

Selected publications

chapter in the book "Dispute Resolution in Russia: the Essentials" (2019) edited by D.I. Dedov and A.E. Molotnikov, in co-authorship with O.Z. Todua and O.I. Volodin

article in the edition of International Bar Association (IBA) Dispute Resolution International (2021) in co-authorship with O.Z. Todua

article in the journal "Corporate lawyer" (2016, #5) in co-authorship with A.V. Barnashov

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