Andrei Yakovlev

Andrei’s practice focuses on investor-state and international commercial arbitration and related litigation.

Andrei brings almost 30 years of experience in complex, high-value cases arising out of foreign investment, sovereign and corporate finance, M&A/joint ventures, and major projects across a variety of sectors including energy, metals and mining, telecoms, and real estate development.

He has advised and represented clients in arbitrations under ICSID, ICSID Additional Facility, ICC, SCC, LCIA, and UNCITRAL rules, as well as in national courts in relation to international arbitration matters.

He acts largely for sovereign states, central banks, large corporates, and ultra-high-net-worth individuals.

Chambers has described him as “very strategic,” stating, “he deftly handles disputes under ICSID and UNCITRAL rules” and “fights for his client and is also a very fair opponent.” Legal 500 U.K. has called him as a “top notch professional.” He generated and led a high-profile case that the Global Arbitration Review (GAR) ranked as one of the 10 most important decisions globally for that year and AmLaw Arbitration Scorecard as one of the largest contract arbitrations at the time.

Andrei’s experience includes advising:

• Naftogaz Ukrayiny, national petroleum company of Ukraine in a dispute with companies controlled by Ukrainian oligarch Ihor Kolomoyski, in relation to control over Ukrnafta (Ukraine’s largest petroleum production company) and mutual claims and counterclaims concerning mismanagement and scheme of fraud at Ukrnafta for the aggregate amount of U.S. $8 billion
• China in ICSID proceedings in respect of a claim by a Japanese investor under the China-Japan BIT, in relation to an alleged expropriation of a large-scale property development project
• Ukraine in respect of U.S.$270 million ICSID, SCC and UNCITRAL claims brought by JKX Oil & Gas Plc in connection with Ukraine increasing taxes for hydrocarbon production from 5% to 65%, imposing gas market restrictions and restrictions on dividend repatriation. Tribunal dismissed over 97% of claims
• Kyrgyz Republic in (i) a trio of UNCITRAL proceedings relating to nationalization of AsiaUniversalBank, with investor claims ranging between U.S. $17 million and U.S.$500 million (all claims dismissed with $2.5 million costs ordered against investors), (ii) in UNCITRAL proceedings in Stockholm in relation to a U.S.$200 million claim by Canadian miner Centerra Gold Corp and its subsidiaries, relating to environmental damage claims arising out of Centerra's mining operations in the country (Case settled whereby investor withdrew its claims and agreed to pay tens of millions of U.S. dollars to special purpose funds in the Kyrgyz Republic), (iii) UNCITRAL proceedings relating to a U.S. $311 million claim by Canadian miner Stans Energy Corp, relating to an alleged expropriation of its rights to the world's fifth largest rare earth metals mine. (Over 95% of Stans Energy's claims were dismissed); (iv) in a successful annulment under international public policy grounds by the French courts of a U.S. $16 million arbitral award made in favour of a Latvian investor for alleged expropriation of a commercial bank. (The French courts held that the bank functioned substantially as a machinery for money laundering, thus the award was conferring on the investor proceeds of a criminal enterprise)
• Hellenic Telecommunications Organisation, in parallel ICC and LCIA proceedings against the Government of Armenia involving a U.S. $500 million claim for breach of investment obligations
• Polski Koncern Naftowy Orlen S.A., Poland’s largest oil refinery, against Russian oil major Yukos in UNCITRAL proceedings involving U.S. $4.5 billion in claims and counterclaims
• A respondent in the LCIA proceedings among Russian and Ukrainian oligarchs: Pinchuk v. Kolomoyski, Bogolyubov and Spektor in a dispute arising out of a U.S. $2 billion international ferromanganese consortium
• French banking group Credit Agricole Indosuez in a series of UNCITRAL proceedings relating to a U.S. $500 million of defaults by Russian banks on ISDA-based derivatives