In a rapidly evolving global energy market, the complexities of international arbitration have become increasingly significant. Aleksey Shtivelman, an International Litigation & Arbitration partner at Shutts & Bowen LLP, provides a comprehensive analysis of these challenges in his latest commentary, "Navigating International Arbitration in Power Generation: Key Insights for Dispute Resolution and Asset Protection,” published by POWER Magazine.
The article explores the complexities of international arbitration in the power generation sector, focusing on the Uniper dispute with Russia’s state-owned energy giant, Gazprom. It highlights the geopolitical and legal risks, especially when dealing with state-linked entities. Uniper faces challenges in enforcing an arbitral award due to a Russian court's counteraction, which imposed a penalty citing foreign restrictions. The article discusses the impact of the Russian Arbitration Procedure Code on jurisdiction and enforcement, and suggests companies operating in geopolitically sensitive markets should consider asset protection strategies like structuring ownership in neutral jurisdictions and using robust contracts. It concludes with strategic takeaways, emphasizing clear dispute resolution terms, favorable legal climates, and thorough due diligence on counterparties.
To read the full article, please click here.
About Aleksey Shtivelman
Aleksey Shtivelman is a partner in the Miami office of Shutts & Bowen LLP, where he is a member of the International Litigation and Arbitration Practice Group. As a native Russian speaker and fluent in Spanish, Aleksey has successfully resolved high-stakes legal disputes for foreign and domestic clients doing business in many jurisdictions, including the United States, Europe, Latin America, Africa, and Asia.