Alexander Kartashov
Associate
Ph.D in Law
Lead Associate of the Dispute Resolution, Insurance, and Maritime Law practices. Joined the KIAP team in 2019.
With more than six years of experience at KIAP, Alexander has represented clients in major litigation before state courts, international arbitration proceedings under ICC and LMAA Rules, and domestic arbitration under the Rules of the ICAC and MAC at the Chamber of Commerce and Industry of the Russian Federation, as well as the Arbitration Center at the RSPP.
Alexander’s project experience includes advising prominent Russian and international companies on property insurance, maritime law, as well as construction, goods supply, and cargo transportation.
Core specializations: dispute resolution, insurance, maritime law, international commercial arbitration.
Alexander holds a Ph.D. in Law.Achievements
- Ph.D. in Law
- Individually recommended by Best Lawyers 2022 (Arbitration and Mediation)
- Author of academic publications on the protection of constitutional rights and freedoms
Projects
- Representation of one of the largest seaport terminals in the Russian Far East in a dispute before the Supreme Court of the Russian Federation concerning the issuance of a writ of execution for enforcement of a MAC award (Chamber of Commerce and Industry of the Russian Federation). During the proceedings, the lower courts’ rulings denying enforcement of the arbitral award were overturned. The Supreme Court emphasized the inadmissibility of arbitrarily broad interpretation of public policy and interference with the arbitrators’ discretionary powers, who are entitled to evaluate evidence at their own discretion.
- Successful defense of an international construction company in ICC arbitration. A foreign subcontractor disputed the set-off of mutual claims and sought recovery of retention monies from KIAP’s client. During the arbitration proceedings, evidence of the subcontractor’s contractual breaches was presented, and the sole arbitrator was persuaded of the validity of applying penalties and the lawfulness of the unilateral set-off. As a result, the arbitrator reduced the amount of retention to be returned to 30%.
- Representation of the largest Russian reinsurance company in a case preventing an attempt to unlawfully recover over RUB 300 million under a obligatory reinsurance contract. The reinsured party sought judicial termination of the contract and recovery of the full premium paid. Cassation successfully stayed the enforcement of the ruling, preventing funds from being debited in favor of an insurer that had already ceased operations. Upon new consideration, it was proven that the reinsured had no grounds to either terminate the contract or recover the premium. The court ultimately denied all claims in full.
- Representation of one of the largest Far Eastern seaport terminals in MAC arbitration (Chamber of Commerce and Industry of the Russian Federation) in a dispute over recovery of insurance indemnity related to a vessel running aground. The insurer delayed the loss adjustment process and ultimately refused payment, citing unseaworthiness of the vessel. Meanwhile, the client incurred significant expenses related to preventing environmental harm, removing the vessel from the port area, and maintaining it over an extended period. The arbitration resulted in full recovery of the insurance indemnity plus interest for wrongful retention of funds.
- Comprehensive legal review of insurance coverage (property, D&O, cargo, special equipment, accounts receivable, etc.) for leading Russian companies in meat production, pharmaceuticals, and construction. The analysis evaluated the completeness and relevance of existing and proposed insurance coverage and identified potential risks of denial of indemnity. A list of recommendations and proposed amendments to insurance programs was prepared, ensuring optimal protection of the clients’ (policyholders’) interests in line with current court practice.
- Successful recognition and enforcement in Russia of an Austrian state court judgment against a bankrupt debtor. At the first stage, the arbitration court terminated the proceedings, arguing that the claims were current and should be considered outside bankruptcy. Cassation overturned this ruling. Upon reconsideration, the arbitration court granted recognition and enforcement of the Austrian judgment. The court agreed that the absence of a bilateral treaty is not itself grounds to refuse recognition; in such cases, foreign judgments may be recognized based on principles of reciprocity and international comity.
Success cases
Shakhtersk Sea Coal Port (UMPSh LLC), represented by KIAP, Attorneys at Law, had insured a marine tugboat under a CASCO policy that had operated for years at Shakhtersk port. In December 2023, severe weather conditions caused the vessel to run aground, resulting in its subsequent recognition as a constructive total loss. Following a two-year claims adjustment process and receipt of a pre-trial...