Roman Marchenko Speaks at XII International Arbitration Readings

Roman Marchenko, Attorney at Law, Honored Lawyer of Ukraine, Senior Partner at Ilyashev & Partners Law Firm,  delivered a speech at the XII International Arbitration Readings in memory of Academician Igor Pobirchenko, titled “Ukraine as a seat of arbitration. A contemporary dimension of efficiency.” The event was organized by the International Commercial Arbitration Court and the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry and took place on October 10, 2025, in Kyiv.

In his presentation titled “An Attorney’s Perspective on Court Proceedings Related to Arbitration. Public Policy: a “Window of Opportunity” for Political Requests or Sustainable Development?” Roman Marchenko focused on the issue of applying the concept of public policy. Roman Marchenko drew attention to the fact that judicial practice in the field of arbitration in Ukraine demonstrates risks associated with the inconsistent application of the notion of public policy. He cited several illustrative cases in which the Supreme Court had interpreted this concept differently, leading to contradictory decisions regarding the recognition and enforcement of arbitral awards.

Roman Marchenko emphasized that, at present, the function of ensuring the uniformity of judicial practice in the Supreme Court and its Grand Chamber is not properly fulfilled, as decisions are made not based on law but rather on the grounds of political expediency.

“Endless deviations by the Supreme Court from its own practice and positions are absolutely unacceptable for a state governed by the rule of law. The formation of foreign investors’ trust in the Ukrainian jurisdiction depends precisely on the balanced approach of the courts. Public policy must not become an instrument of political influence. Its purpose is to ensure a balance between national interests and the state’s international obligations. If we begin to interpret public policy situationally, we will undermine confidence in arbitration itself as a mechanism for dispute resolution,” noted Roman Marchenko.

Participants of the event also discussed the criteria for the choice of jurisdiction as the seat of arbitration, legislative developments, and the expansion of the competence of international arbitration seated in Ukraine, the improvement of arbitration efficiency, and the landmark legal positions of the Supreme Court in the performance by state courts of their supportive and supervisory functions in arbitration.

The International Arbitration Readings in Memory of Academician Igor Pobirchenko is an annual conference dedicated to the development of international arbitration in Ukraine. The event brings together leading experts and lawyers in the field of international arbitration, Supreme Court judges, and Members of Parliament. This year, the conference focused on Ukraine’s potential as a jurisdiction with a unique pro-arbitration climate in the context of European integration.