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Roman Protsyshyn and Marina Riashchenko Delivered Speeches at the III Ukrainian Arbitration Forum

News date: 18 May 2023

Roman Protsyshyn and Marina Riashchenko, Counsels and Attorneys at Law of Ilyashev & Partners Law Firm delivered insightful speeches at the III Ukrainian Arbitration Forum held on 17 May 2023 in Kyiv. The event was organized by Yurydychna Praktyka Publishing House.

In his address entitled “Arbitrations with Ukrainian Element: Wartime Trends and Post-War Expectations” Roman Protsyshyn highlighted the wartime trends in arbitration proceedings, particularly in defence and sports cases. Business also faces the force majeure confirmation problem. Roman emphasized that Ukrainian enterprises faced challenges related to the supply of weapons and must seek protection of their interests through arbitration.

“A notable issue here is the involvement of foreign companies with unscrupulous officials, shareholders, and beneficiaries in military contracts. These companies often request full funding for weapons purchased through 100% prepayment, but fail to fulfill their obligations. This is not just about one country and one company. These disputes are often resolved through arbitration, with the Vienna Arbitration being a preferred neutral venue. Regarding force majeure, foreign companies stipulate for all risks that may arise during the supply of weapons and spare parts to Ukraine. But the fact of force majeure event in this area has yet to be confirmed by the Ukrainian Chamber of Commerce and Industry,”Roman Protsyshyn said.

Furthermore, Roman highlighted the impact of wartime on sports, specifically referencing the discussions worldwide regarding the participation of athletes from Russia and Belarus in international competitions. Roman provided an example that Ukrainian Fencing Federation filed claims with the Lausanne District Court and the Court of Arbitration for Sport to challenge the decisions made by the International Fencing Federation (FIE) on the admission of Russian and Belarusian athletes to individual and group competitions.

Marina Riashchenko, in addition to being the session moderator on the topic of “Development of Arbitration Practice”, delivered a speech titled “Appeal of Arbitration Decisions – National Characteristics of Judicial Control”. Marina emphasized that Ukrainian courts thoroughly consider the compliance of the arbitration award with the legislation of Ukraine and grounds for potential appeals after the recent reform.

“The Supreme Court of Ukraine demonstrates a “pro-arbitration” practice aligned with advanced arbitration standards and principles. However, the national courts have limited powers when it comes to reviewing claims for cancellation of international arbitration awards. In particular, national courts cannot review the decisions on the merits, modify the arbitration award or transfer the awarded compensation amount,” – noted Marina Riashchenko.

The participants of the III Ukrainian Arbitration Forum discussed the work of investment and international commercial arbitrations, the impact of sanction on international commercial arbitration, appeal of arbitration awards, operation of Ukrainian arbitration during war conditions, criteria for assessing the effectiveness of an arbitration institution and an arbitrator, as well as the choice of arbitration from a business standpoint.

Ukrainian Arbitration Forum is an annual international event dedicated to the issues of arbitration, arbitration institutions and trade relations. The Forum is attended by the representatives of public authorities, national and foreign law firms.