On 15 September 2026, the 11th Business & Legal Energy Forum, organized by Yurydychna Praktyka, took place.
Pavlo Byelousov, a Member of the Presidium of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC), joined the professional discussion and presented a practical perspective on the resolution of commercial and investment disputes in the energy sector.
His presentation focused on arbitral disputes involving Ukrainian investors, companies and state authorities, as well as cases involving Ukraine as a party. Particular attention was paid to investment disputes related to the armed aggression of the russian federation. The speaker noted that the experience gained in cases concerning the expropriation of assets in Crimea is now acquiring renewed significance in the context of potential investment claims against the Russian Federation seeking compensation for losses suffered by Ukrainian and foreign businesses as a result of the full-scale armed aggression.
Pavlo Byelousov also noted the increase in the number of cases submitted to the ICAC since the beginning of the full-scale war. He outlined the main categories of disputes brought before the ICAC by representatives of the energy sector. These include disputes concerning the performance of contracts for the supply of petroleum products, gas and equipment, complicated by force majeure circumstances, a material change in circumstances, the application of sanctions, currency controls and other factors.
Among the key practical challenges, Pavlo Byelousov emphasized that when choosing a legal remedy, it was necessary to assess not only the prospects of obtaining a favorable decision, but also the actual prospects of recovering the awarded amounts and identifying assets against which enforcement might be sought. These factors significantly influence investors’ assessment of whether initiating arbitration proceedings is appropriate.
Pavlo Byelousov’s participation in the Forum provided an opportunity to share practical experience in the field of arbitration of energy-related disputes and contribute to the professional discussion on legal mechanisms for protecting investments and business interests in wartime conditions.
