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FCIArb Albertas Šekštelo

Associate Partner

Vilnius, Lithuania

+370 5 251 4444; 251 4445

albertas.sekstelo@tgsbaltic.com

Lithuanian, English, Russian

Industries

Energy & Utilities

MAJOR PROJECTS

Represents AB bankas SNORAS (bankrupt) in civil cases against foreign banks Meinl Bank AG, Julius Baer Bank AG, East-West United Bank S.A., offshore companies Multiasset SA and Melfa Group Ltd, and a BAB bankas SNORAS employee. The mentioned subjects were involved in a money embezzlement scheme that was used by BAB bankas SNORAS’s main shareholders to misappropriate funds belonging to BAB bankas SNORAS (2015–present);

Represents AB bankas SNORAS (bankrupt) before the VIAC in the arbitration case against an Austrian bank as the latter might have been involved in a money embezzlement scheme that was used by BAB bankas SNORAS’s main shareholders to misappropriate funds belonging to BAB bankas SNORAS (2016–present);

Advising the bankruptcy administrator of AB ŪKIO BANKAS (bankrupt), Valnetas, UAB on disputes arising in the bankruptcy process (2014–present);

Represented AB ŪKIO BANKAS (bankrupt) in the VCCA arbitration against insurers of the Bank under Directors’ and Officers’ Liability Insurance (2014–2017);

Successfully represented KLAIPĖDOS NAFTA, AB in the SCC arbitration against AS BMGS. The Latvian construction company that built the Jetty of the LNG Terminal claimed over EUR 2.3 million from Klaipėdos Nafta, AB. The Arbitral Tribunal rejected BMGS’ claims in their entirety (2015–2017)

Successfully represented the largest bicycle & e-bike manufacturer in Northern Europe, Baltik Vairas, UAB, in a case against a German company and won a major part of the claim (2016);

Represented the Lithuanian Government, in co-counsel with law firm Shearman & Sterling (Paris office), in large scale arbitration disputes against Russia’s gas giant Gazprom before the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) in the arbitration case. This case was initiated by the Republic of Lithuania against Gazprom (claimed amount: over EUR 1.5 billion) for applying unjustified gas tariffs when supplying gas to Lithuania due to changes in the gas price formula that were made in violation of the terms of the agreement on the privatization of the national gas company Lietuvos Dujos, AB  (2012–2016);

Successfully represented the interests of the state deposit insurance company in over 400 disputes with the customers of AB Bankas Snoras (bankrupt) over the disbursement of state insurance benefits for the money lost due to the bankruptcy (2012–2015);

Represented the Lithuanian Government, in co-counsel with law firm Shearman & Sterling (Paris office), in large scale arbitration disputes against Russia’s gas giant Gazprom before the Permanent Court of Arbitration under the UNCITRAL Arbitration Rules in the arbitration case. This case was initiated by Gazprom against the Republic of Lithuania in relation to its plans to split the gas sales and transmission ownership of Lietuvos Dujos, AB as part of the Europe Union’s drive to force dominant energy companies to improve access for competitors (2012–2015);

Represented the Lithuanian Government, in co-counsel with law firm Shearman & Sterling (Paris office), in large scale arbitration disputes against Russia’s gas giant Gazprom before the International Court of Arbitration of the International Chamber of Commerce (ICC) in the arbitration case. This case was initiated by Gazprom against the Republic of Lithuania in connection with an investment dispute on tariffs of the Kaunas Combined Heat and Power Plant (2012–2014);

Represents the Lithuanian Government, in co-counsel with law firm Mannheimer Swartling, in large scale disputes against Russia’s gas giant Gazprom before the Supreme Court of Lithuania in the case where the Ministry of Energy of Lithuania, as a minor shareholder of Lietuvos Dujos, AB, requests the court to initiate the investigation (probing) of Lietuvos Dujos, AB operations in order to evaluate the decisions of its management bodies in relation to gas pricing policy (2011–present).

OTHER EXPERIENCE

Represented the Ministry of Energy before the Grand Chamber of the Court of Justice of the European Union (case No. C-536/13) in the case related to the recognition of a SCC award within the territory of the Republic of Lithuania (2014);

Represented the Transmission System Operator in three arbitrations against electricity suppliers related to the breach of the Electricity Balance Agreements in the Vilnius Court of Commercial Arbitration (2012–2014);

Represented investors in the arbitration related to a breach of the shareholders’ agreement and liquidated damages in the Vilnius Court of Commercial Arbitration (2012–2013);

Represented a food supplier in the arbitration related to the quality of the biodegradable waste decomposer and incurred damages in the Vilnius Court of Commercial Arbitration (2012–2013);

Represented a venture capital fund in civil cases related to contesting an arbitration clause and the duty to refer the case to arbitration (2012–2013);

Represented a venture capital fund in the arbitration proceedings according to the Arbitration Rules of the Vilnius Court of Commercial Arbitration regarding indemnification for damages (2013);

Represented a Lithuanian investor in the case for recognition and enforcement in Lithuania of the arbitral award given according to the SCC Expedited Arbitration Rules (2010–2012);

Represented a Lithuanian client in the arbitration proceedings according to the Arbitration Rules of the Moscow Court of Commercial Arbitration (2011–2012);

Represented a Lithuanian oil company in the international arbitration proceedings administered by the London Court of International Arbitration (LCIA) (2009–2010);

Represented a Lithuanian investor in the proceedings pending before the Svea Court of Appeal (Sweden) regarding challenge of the Award granted under the Expedited Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) (2009–2010);

Represented SAVA GmbH & Co. KG, a German hazardous waste management company, in a dispute regarding the performance of the hazardous waste management contract (2009);

Represented the Lithuanian investor in the international commercial arbitration proceedings conducted in accordance with the SCC Expedited Arbitration Rules against a subsidiary of one of the largest companies of the aluminium industry in the world (2009);

Represented the Republic of Lithuania in the proceedings held by the Court of Appeals in Paris on the basis of the claim filed by the Government of the Kaliningrad Region of the Russian Federation against the arbitral award granted in the international arbitration proceedings regarding the alleged breach of the Agreement on the Protection of Bilateral Investments entered into between the Republic of Lithuania and the Russian Federation (2009);

Represented the Republic of Lithuania in arbitration proceedings held in accordance with the ICC Arbitration Rules regarding the alleged breach of the Agreement on the Protection of Bilateral Investments entered into between the Republic of Lithuania and the Russian Federation (2007–2009);

Represented Naftos gavyba, UAB before the international arbitration proceedings that were held under ICC Arbitration Rules regarding the possible withholding of information in the Share Sale and Purchase Agreement, and the resulting recovery of loss (2005–2008).

PUBLICATIONS

  • Annul in part, or not to annul in part, that is the question. (Lith. Naikinti iš dalies ar ne, štai kur klausimas) // TeisėPro, 2018
  • Arbitration and the Brussels I bis Regulation: Is Status Quo Retained? (Lith. Arbitražas ir reglamentas Briuselis I bis: status quo išlaikytas?). Arbitration: Theory and Practice (Lith. Arbitražas – Teorija ir praktika), Justitia, 2015, No. 1
  • Problems of the enforcement of an arbitral award – do we need a writ of execution (Lith. Arbitražo sprendimo vykdymo problemos – ar reikalingi vykdomieji raštai). Justitia, 2014, No. 79
  • Interim measures in arbitration: assumptions and conditions (Lith. Laikinųjų apsaugos priemonių taikymas arbitraže: prielaidos ir sąlygos). Justitia, 2012, No. 77
  • Interim measures: interaction between arbitration and court and jurisdiction of courts (Lith. Užtikrinimo priemonių taikymas: arbitražo ir teismo sąveika bei teismų kompetencija). Justitia, 2011, No. 2(76)
  • Co-author of the article on the arbitration law in Lithuania, Arbitration 2009 – a Global Arbitration Review, London: Law Business Research Ltd, 2009, p. 194–200
  • Co-author of the article on the arbitration law in Lithuania, Arbitration 2008 – a Global Arbitration Review special report, London: Law Business Research Ltd, 2008, p. 149–154

MEMBERSHIPS

  • An arbitrator listed in the Vilnius Court of Commercial Arbitration
  • ICCA (International Council for Commercial Arbitration)
  • LCIA (London Court of Commercial Arbitration) 
  • Queen Mary University of London Alumni
  • Fellow of the Chartered Institute of Arbitrators (FCIArb)
  • Lithuanian Bar Association

PROFESSIONAL CAREER

  • Since 2017 Associate Partner at law firm TGS Baltic (former TARK GRUNTE SUTKIENE)
  • 2012–2017 Senior Associate at law firm TARK GRUNTE SUTKIENE
  • 2004–2012 Associate at law firm NORDIA BAUBLYS & Partners
  • 2006–2008 assistant to attorney-at-law at law firm NORDIA BAUBLYS & Partners
  • 2004–2006 lawyer at law firm NORDIA BAUBLYS & Partners

EDUCATION

  • 2011 Queen Mary, University of London as post-graduate studies in International Commercial Arbitration (PGDip) with Distinction
  • 2005 Vilnius University, Faculty of Law (Master of Law)