The ICAC co-organized a round table “Non-state justice as an effective tool for protecting business”

On 09 December 2025 Kyiv Regional Chamber of Commerce and Industry (Bila Tserkva) and the ICAC held a round table “Non-state justice as an effective tool for business protection”.

Business people, lawyers, notaries, international trade experts, logistics and real estate practitioners participated in the discussion. The round table was also attended by the President of Kyiv Chamber of Commerce and Industry Oleksandr Ryabokon, the Chairman of Bila Tserkva District Council Vasyl Zelensky, the Vice President of the Ukrainian Chamber of Commerce and Industry Mykola Gavrylenko, and the President of the Donetsk Chamber of Commerce and Industry Maksym Anufriyev.

Mykola Selivon, the President of the ICAC and the UMAC, emphasized that the purpose of the ICAC’s participation in the round table was to demonstrate that the system of chambers of commerce and industry was functional despite the war. Mr. Selivon also stressed the importance of economic development during the difficult period of the war. He also emphasized the need to provide entrepreneurs with practical tools to protect their businesses through international commercial arbitration and arbitration proceedings and to explain the mechanisms for compensating for losses incurred by enterprises during the war.

The round table was opened by Volodymyr Nahnybida, the Vice President of the ICAC. He covered the topic “Protecting business in a state of martial law: compensation for damages caused to real estate, and the specifics of concluding and executing domestic and foreign economic contracts.”

The speaker explained in detail what legal mechanisms were available to businesses to recover damages, including:

civil claims in criminal proceedings for violations of the laws and customs of war;
claims in Ukrainian courts with subsequent recognition and enforcement of judgments in the EU countries;
appeals to international institutions, in particular to the Register of Damage for Ukraine, which is already operational;
the expected international compensation mechanism, which will include the Register, the Commission, and the Compensation Fund.

Particular emphasis was placed on practical requirements to evidence.

Mr. Nagnybida shared “four golden rules for documenting damage” that every business owner whose property has been damaged by russia’s shelling must follow:

Maximum documentation – photos, videos, copies of all documents before and after the damage.
High-quality visual recording – with geolocation, date, description of circumstances.
Expert reviews and conclusions – BTI engineers, certified real estate appraisers, forensic experts, conclusions of inventory commissions and commissions for surveying the technical condition of damaged objects.
Organization of documents – all materials must be in PDF format, each file separately, duly signed.

Attention was also paid to the topic of lost profits, which many entrepreneurs underestimate, although it is a significant part of possible compensation. To calculate it, you will need financial statements for three years, accounting data, contracts with counterparties, and documents confirming lost income.

An important part of Mr. Nagnybida’s speech was devoted to the international aspect of business operations.

Participants received recommendations on:

the correct formation of foreign economic activity contracts;
scrutinizing counterparties;
managing currency risks;
taking into account payment deadlines;
the legally competent application of force majeure provisions.

The second speaker of the event was Taras Shepel, the President of the Permanent Third-Party Tribunal at the Ukrainian Chamber of Commerce and Industry and the President of the Ukrainian Third-Party Tribunal Chamber. Mr. Shepel presented on the topic “Third-party tribunals within the system of Chambers of Commerce and Industry of Ukraine: third-party tribunal clauses, peculiarities of the proceedings, recognition and enforcement, terms, and costs.” He explained in detail to participants how third-party tribunals allows businesses to quickly resolve disputes without wasting time and resources.

The speaker focused on the key advantages of Third-Party Tribunals at the UCCI. These include financial efficiency (the registration fee is UAH 4,000 while the third-party tribunal fee is 1.5% of the claim amount, with no additional costs for appeal or cassation). He also emphasized the reputation of the UCCI and the independence of third-party tribunal proceedings, where the judges are experts who have a good understanding of the specifics of business.

Mr. Shepel also explained that third-party tribunals have jurisdiction over most civil and commercial disputes between residents, provided that there is a third-party tribunal clause. The timeframes for resolving cases are short: according to the Rules, no more than 60 days, and in practice, about 30 days. The issuance of an enforcement document takes about a month, so the decision can be enforced in 2-3 months.

During the final part of the round table, Volodymyr Nahnybida shared his opinion on why arbitration at the ICAC is one of the most effective mechanisms for protecting business interests in cross-border disputes.

The speaker highlighted the key advantages of arbitration at the ICAC, including:

speed, cost-effectiveness, and efficiency of the procedure, which is in line with current trends in digitalization and technological development;
the professionalism of the arbitrators – the ICAC’s recommendatory list of arbitrators includes experts from 38 countries, ensuring a high level of specialization and international expertise;
high quality of arbitral awards: between 2015 and 2025, the ICAC issued 3,214 awards, of which only 6.3% were appealed and only 0.16% were overturned – an indicator of the stability and trust in the institution;
modern conditions for hearings – from video conferences to modern systems for recording the proceedings;
active procedural role of the secretariat, which allows for quick and clear organization of case consideration.

The round table was the fifth joint event on supporting and protecting business interests with the support and participation of representatives of the ICAC. The organizers plan to continue the professional dialogue with entrepreneurs, bringing up for discussion the most pressing issues of legal protection of business today.