Image of Alexander Marcopoulos

Alexander Marcopoulos

Counsel

Alex represents companies and States in commercial, investor/State and maritime arbitrations carried out under the auspices of a variety of institutional and ad hoc rules, including those of the ICC, ICSID, UNCITRAL, SCC and the LMAA.

He also regularly acts for clients in dispute board proceedings and other forms of alternative dispute resolution. Alex focuses principally on the construction and energy sectors, where clients have described him as someone who "masters the art of simplifying complex facts" with "an expert handling of disputes in the construction, energy and maritime industries."

Alongside his work as counsel, Alex regularly serves as arbitrator in international arbitration proceedings and teaches, writes and speaks on international arbitration and key issues in the industries and sectors he focuses on. Alex also leads the Human Rights at Sea Arbitration initiative, an innovative project which seeks to develop a system for the arbitration of complaints concerning human rights abuses at sea.

Experience

Representative matters

A heavy equipment supplier and contractor in relation to a highly complex construction arbitration, related local litigation and a number of delay, disruption, defects and other disputes arising out of two fossil fuel construction megaprojects in Africa with claims and counterclaims of over USD 2 billion. The law of the country of the projects applies.

Two international construction contractors, Respondents in an ICC arbitration in London brought by a Middle Eastern State entity arising out of the development of a world-class medical facility in the Middle East. The law of the Claimant’s State governs. Over USD 3 billion at stake.

The Arab Republic of Egypt, Respondent in an investment treaty arbitration under the UNCITRAL Rules, administered by the Permanent Court of Arbitration, in relation to a petrochemical plant. Over USD 2 billion was at stake.

Five gas importers, Respondents in SCC and UNCITRAL arbitrations in Stockholm initiated by an upstream supplier. The disputes arose from a gas price revision clause in long-term supply contracts. Swedish law applied.

A South East Asian listed company, Claimant in an LMAA arbitration in London against a Chinese shipyard. The dispute arose in connection with various shipbuilding contracts. English law applied.

A European natural gas importer in dispute with its upstream supplier regarding financial hardship incurred through performance of the relevant contract’s terms. English law applies.

A European aerospace company in disputes with a US-incorporated service provider concerning issues of delayed or non-performance under the parties’ contract.

A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arose from an agreement for the construction of a nuclear power plant in Finland. Finnish law governed. Over EUR 6.1 billion was at stake.

A European energy company (as buyer in a long-term gas supply agreement) against another European energy company (as seller) in an ICC arbitration in Geneva. The dispute arose out of a long term, oil-linked gas purchase agreement and concerned the continued marketability of the purchased gas in the relevant downstream, domestic market. New York law applied.

The Democratic Republic of Algeria in an ICSID arbitration initiated by Mærsk Olie, Algeriet A/S (ICSID Case No. ARB/09/14). The arbitration, which was brought under the Algeria-Denmark bilateral investment treaty, was in relation to windfall profit tax in the context of a production-sharing contract. Over USD 3 billion was at stake.

Pro bono

Assisting an East African NGO by advising and commenting on draft legislation and facilitating capacity building initiatives. This work is focused on the development of an African State’s carbon trading market and associated legal framework.

Worked with the Office of the Prosecutor for the International Criminal Tribunal for Rwanda, assisting in the prosecution of those accused of participating in the 1994 Rwanda Genocide.

Published Work

  • Marcopoulos, Alexander (with D. Katsikis), (2022) “Terminating or Renegotiating Shipbuilding Agreements Checklist”, Thomson Reuters Practical Law (February 2022)
  • Marcopoulos, Alexander (with E. Edson), (2021) “A new initiative for the arbitration of human rights abuses at sea”, International Bar Association Arbitration Committee Newsletter, June
  • Marcopoulos, Alexander, (2021) “Revisiting the risk of undesired appeal in investment treaty arbitration: is deference to the tribunal’s award still less likely in the ICSID context?”, Oxford: Arbitration International (April 2021)
  • Marcopoulos, Alexander, (2018) “High Court Upholds Tribunal’s Dismissal of Claim on Grounds Not Specifically Advanced by Either Party”, Paris: 2018(3) ICC Disp. Res. Bull. 31
  • Marcopoulos, Alexander (with A. Bevan), (2015) “Planning for the Worst to Manage the Best: a Proactive Approach to Managing Construction Disputes”, MDA No. 101, at 8 (2015)
  • Marcopoulos, Alexander, (2007) “Flags of Terror: An Argument for Rethinking Maritime Security Policy Regarding Flags of Convenience”, New York: 32 Tul. Mar. L.J.
  • Marcopoulos, Alexander, (2007) “Ferrostaal v. M/V Sea Phoenix: The Third Circuit’s Sinking of the Fair Opportunity Doctrine”, New York: 31 Tul. Mar. L.J. 679

Speaking Engagements

  • Speaker, “Panel Discussion: Business and Human Rights Arbitration”, 5th ICC European Conference on International Arbitration, June 2021
  • Speaker, “Confronting the Human Rights Crisis in Fisheries: How Arbitration Can Improve Fishers’ Access to Justice”, UN World Oceans Day Webinar, June 2021
  • Speaker, Roundtable “Handling the Hot Potato: Issues of Corruption in International Arbitration”, 14th ICC New York Conference on International Arbitration, October 2019
  • Speaker, “Addressing Risk in Long-Term Investment Contracts in the Energy Sector”, 4th Athens Conference on European Energy Law, September 2019
  • Speaker, “Construction Arbitration in the East Mediterranean”, Keynote address, YPCP Conference, Paris, April 2019
  • Speaker, “Η Διαχείριση Εξαιρετικά Περίπλοκων και Τεχνικών Διαφορών” [Handling Especially Complex and Technical Disputes], Conference on Current Issues in Domestic (Greek) and International Arbitration, Thessaloniki, Greece, January 2019
  • Speaker, “The Review and Reviewability of Non-ICSID Investment Arbitration Awards by State Courts”, Sharm El Sheikh VII Conference, Sharm El Sheikh, Egypt, December 2018
  • Speaker, “The Role of Gas Price Review in Addressing Structural Changes”, 2nd East Mediterranean Energy Law Forum, Athens, Greece, November 2018
  • Speaker, “Examining the Effectiveness of Institutional Arbitration Where the Need (or Desire) to Consolidate Related Maritime Disputes Arises”, ICC Dispute Resolution Seminar held at Posidonia 2018 in Athens, Greece, June 2018
  • Speaker, “International Arbitration: An Unavoidable Yet Advantageous Dispute Resolution System”, 1st Greek Law Digest Conference on Legal and Business Challenges in Today’s Greece, February 2017

Leadership Positions And Professional Affiliations

  • Lecturer (International Investor/State Arbitration), Panthéon-Assas University (Paris II), Master 2 diploma, France (since 2014)
  • Lecturer (Written and oral advocacy in international arbitration), Sciences Po, Master 2 diploma, France (2015-2016, 2021)
  • Advisory Board Member, Human Rights At Sea Member, Society of Construction Law UK (SCL)
  • Member, Maritime Law Association of the U.S. (MLAUS)
  • Member, International Arbitration Institute (IAI)
  • Member, LCIA European Users’ Council Member, ICC Hellas

Recognition

Is a conscientious tactician who will get to the crux of a dispute before deploying his strategy
Who’s Who Legal, 2022
A great strategic mind
Who’s Who Legal, 2019

Awards

“Lawyer of the Year” for arbitration in France, Best Lawyers 2023

“Rising Star” in commercial arbitration, Euromoney’s LMG Rising Stars, 2017-2023

Qualifications

Admissions

Attorney-at-Law, New York, 2009

Academic

Bachelor of Arts, Economics, Philosophy, New York University, 2004

J.D., Law, Tulane University, 2008

Languages

English, Greek
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.