On 17-18 November 2022 the Solidarity Arbitration and Mediation Days international conference was held in Warsaw. The purpose of the event was to demonstrate the support of the international arbitration, mediation and legal community to its Ukrainian colleagues and all those affected by the war in Ukraine.
The conference program included a series of events dedicated to alternative dispute resolution, attended by more than 200 people not only from Poland and Ukraine, but also from Austria, Lithuania, Germany, Romania, the USA, Switzerland, Sweden and Great Britain.
The delegation of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC), comprising the ICAC President Mykola Selivon, the ICAC Vice President Inna Yemelianova, and Advisor to the ICAC President Olga Kostyshyna, took an active part in the conference.
Thus, the ICAC President Mykola Selivon moderated the first session of the conference «The Future of International Arbitration in the Conditions of the New Security Situation».
Mr. Selivon thanked the main organizers of the event – representatives of the Arbitration Court at the Polish Chamber of Commerce and Warsaw University for their support and hospitality and emphasized that «russia’s military attack on Ukraine is a civilizational war between democracy and violence. That’s why we all have to stand in solidarity, because there is no other way for the development of society in the global dimension.» Separately, he thanked the Polish people, who were the first to come to the rescue and still take care of the Ukrainians’ problems as if they were their own.
Acting as a moderator, the ICAC President shared the experience of functioning of Ukrainian arbitration institutions during the period of martial law and spoke about the set of measures that were taken to ensure safe working conditions for arbitration panels, parties and employees of the ІСАС Secretariat. «Currently, despite constant air alerts, threats of missile strikes and power outages, we are trying to work according to our usual schedule, because we understand the importance of our work as well as the importance to provide users of our services with opportunities to protect their violated rights and interests», said Mr. Selivon. Thus, as of 14 November 2022, ICAC registered 234 new cases. During this period, 174 cases were considered, of which about 35% were considered online. That is, ICAC practically reached last year’s indicators.
In the course of the session, Mr. Piotr Nowaczyk, the ICAC arbitrator, shared his own experience of arbitrating cases in wartime conditions, Ms. Natalia Petryk, Vice Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce, presented a report on the peculiarities of case administration in the light of the new wave of sanctions, in particular against russia and belarus, Mr. Asko Pohla, the ICAC arbitrator and President of the Arbitration Court at the Estonian Chamber of Commerce and Industry, shared his views on the future of arbitration in the Eastern European region and the CIS countries, and Ms. Galina Zukova, the ICAC arbitrator and partner of ZUKOVA Legal, spoke about the trends in expanding the range of services provided by arbitration institutes and their effectiveness.
At the end of the first session, Mykola Selivon and Natalia Petryk, in a solemn atmosphere, signed the Agreement on cooperation with the Arbitration Institute of the Stockholm Chamber of Commerce, which during the 30-year ІСАС’s activity always sincerely shared its experience and provided methodological assistance at the stage of formation of Ukrainian arbitration institutions.
The ICAC Vice President Inna Yemelianova was one of the speakers of the last session devoted to the topic “How to use mediation in court and arbitration proceedings effectively?” New procedural ideas for the practice of dispute resolution – a study of ways of development”. In her speech, Ms. Yemelianova spoke about international commercial mediation and the fact that mediation and arbitration “can coexist peacefully under one roof, not competing, but, on the contrary, complementing each other.” The advantages of implementing of mediation service in permanent arbitration institutions can be: 1) the reputation gained by the existing arbitration institution during the years of its work, and business trust in it; 2) simplifying the passage from one procedure to another; dispute settlement using the combined procedures “Mediation-Arbitration”, “Arbitration-Mediation-Arbitration”, which in the total equivalent are “cost effective” comparing mediation and arbitration, etc.
Also, Inna Yemelianova shared with the audience of the conference the ІСАС’s plans concerning the implementation of dispute resolution services through mediation and hybrid (combined) procedures from 2023. The legal basis for this implementation was the entry into force of the Law of Ukraine “On Mediation” last November. The speaker informed that for this purpose, ІСАС has already developed and approved relevant legal acts: Mediation Rules, amendments to ІСАС Rules, Schedule of mediation fees and costs, etc.
Besides, leading Ukrainian practicing lawyers and ІСАС arbitrators took part in the
Expressing their solidarity with Ukraine, the organizers of the conference, as a gesture of the continuation of our fruitful cooperation and the development of friendly relations built on common values and priorities, created a special scholarship fund for Ukrainian students and junior practicing lawyers who eagers to further develop in the field of international arbitration and mediation. All funds collected during the conference were transferred to this fund.
More information about the event and the scholarship fund is available at the following link.
