Alexander Marcopoulos is counsel in the International Arbitration practice.

He represents companies and States in commercial, investor/State and maritime arbitrations carried out under the auspices of a variety of institutional rules, including those of the ICC, ICSID, UNCITRAL, SCC and the LMAA. His practice focuses particularly on disputes in the construction and energy sectors.

Alexander leads Shearman & Sterling’s Human Rights at Sea Arbitration team. A collaboration between Shearman & Sterling and UK-based charity Human Rights at Sea, this innovative project seeks to develop a system for the arbitration of complaints concerning human rights abuses at sea.

Alexander is recognized as a Global Leader and National Leader in France in Who’s Who Legal Construction 2022. The publication notes that he “is a conscientious tactician who will get to the crux of a dispute before deploying his strategy”. Clients and peers have also praised Alex’s “great strategic mind” and “his expert handling of disputes in the construction, energy and maritime industries” while others state he “masters the art of simplifying complex facts”.

Alexander has also been listed as a “Rising Star” in the field of commercial arbitration in Euromoney’s LMG Rising Stars expert guide since 2017, and as one of the “Best Lawyers” in France since 2021.

• A heavy equipment supplier and contractor in relation to a delay and prolongation costs arbitration arising out of the construction of a fossil fuel power plant in Africa. The law of the country of the project applies.
• 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 $2 billion. The law of the country of the projects applies.
• 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 $2 billion is 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 arises in connection with various shipbuilding contracts. English law applies.
• A U.S. private equity firm in relation to its acquisition of a leading U.S. dry barge and logistics company, including with respect to issues arising under the general maritime law of the U.S.
• 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 and the language of the proceedings is English. Over $3 billion is at stake.
• 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 €6.1 billion was at stake.
• A U.S. investment bank in relation to the assignment of bills of lading and issues concerning vessel arrest and cargo seizure in international waters.
• 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 $3 billion was at stake.

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, European Maritime Law Organisation
• Member, International Arbitration Institute (IAI)
• Member, LCIA European Users’ Council
• Member, ICC Hellas
• Member, ICC Young Arbitrators’ Forum (YAF)

Publications

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

Speaking Engagements

• “Panel Discussion: Business and Human Rights Arbitration,” 5^th ICC European Conference on International Arbitration, 28 June 2021
• “Confronting the Human Rights Crisis in Fisheries: How Arbitration Can Improve Fishers’ Access to Justice,” UN World Oceans Day Webinar, 8 June 2021
• Roundtable “Handling the Hot Potato: Issues of Corruption in International Arbitration,” 14^th ICC New York Conference on International Arbitration, 4 October 2019
• “Addressing Risk in Long-Term Investment Contracts in the Energy Sector,” 4^th Athens Conference on European Energy Law, 27 September 2019
• “Construction Arbitration in the East Mediterranean,” Keynote address, YPCP Conference, Paris, 17 April 2019
• “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, 25-26 January 2019
• “The Review and Reviewability of Non-ICSID Investment Arbitration Awards by State Courts,” Sharm El Sheikh VII Conference, Sharm El Sheikh, Egypt, 9-10 December 2018
• “The Role of Gas Price Review in Addressing Structural Changes,” 2^nd East Mediterranean Energy Law Forum, Athens, Greece, 30 November 2018
• “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, 7 June 2018
• “International Arbitration: An Unavoidable Yet Advantageous Dispute Resolution System,” 1^st Greek Law Digest Conference on Legal and Business Challenges in Today’s Greece, 3 February 2017

Other

• Alexander has also 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.
• Alexander served as Managing Editor of the Tulane Maritime Law Journal.