Arbitration Commission of ICC Ukraine held a round-table discussion for Ukrainian businesses during Paris Arbitration Week and online

The speakers were prominent representatives of major Ukrainian businesses, members of the Arbitration Commission:

Maksym Yurkov, Ukrenergo
Yuliya Tolchinina-Burunska, Ukrhydroenergo
Oleksandr Kushch, Naftogaz
Yuliya Atamanova, Privatbank
Andrii Hininher, Metinvest
Oleksii Prudkyi, Philip Morris Ukraine

The discussion was moderated by:
Maria Kostytska, Chair of the Arbitration Commission of ICC Ukraine and Head of International Arbitration at the Paris office of Winston & Strawn LLP; and
Olga Kostyshyna, Vice-Chair of the Arbitration Commission of ICC Ukraine and Head of International Arbitration Practice at LCF Law Group

The central office of ICC Ukraine also joined the work

The roundtable explored how Ukrainian businesses are navigating the evolving dispute-resolution landscape amidst unprecedented challenges during the war. The speakers shared their firsthand experience in:

• Investment arbitration, especially arising from the occupation of the Crimea. The speakers reflected on the procedural difficulties, length and cost of proceedings, and enforcement complications.
• The rationale of Ukrainian companies behind the filing of claims before the European Court of Human Rights and the importance of the Court’s precedent regarding effective control over certain occupied territories of Ukraine.
• Litigation before foreign courts, including strategic litigation in the banking sector, and the challenges of enforcement of arbitral awards across jurisdictions in complex geopolitical circumstances.
• Commercial arbitration, with comparative remarks on proceedings under the International Commercial Arbitration Court – ICAC, ICC Arbitration and SCC Arbitration Institute rules.

The speakers also shared their thoughts about the ways the Ukrainian authorities can improve the post-war dispute resolution framework, in anticipation of the inflow of foreign investment into post-war reconstruction and engagement with international financial institutions.
 
The roundtable showcased not only the current legal complexities but also the strategic thinking and perseverance of the Ukrainian businesses as they continue to defend their rights using all available mechanisms.