On 24 September 2024, the Vice President of the ICAC Volodymyr Nahnybida took part in the discussion “Ukraine as a place of arbitration in time of war”, organized by the Ukrainian Arbitration Association (UAA), jointly with the Committee on Alternative Dispute Resolution, which operates within the UAA and ArbCEE.
The speakers of the event were Anna Guillard Sazhko, Board Member of the UAA, Member of UNBA Committee for ADR Oleksiy Maslov, Board Member of the UAA, counsel at Avellum and Georgiy Grabchak, Head of international disputes division, International Cooperation and Representation Department · Ministry of Justice of Ukraine. The event was moderated by Olena Perepelynska, President of the UAA, ArbCEE Board Member, Chair of UNBA Committee for ADR.
During the event, the speakers discussed a range of aspects related to the Ukrainian arbitration legislation and the amendments currently being prepared, court practice on enforcement of arbitral awards in Ukraine, statistics of the ICAC and the UMAC and court practice on their setting aside , peculiarities of the investment protection system in Ukraine, statistics of investment disputes involving Ukraine and enforcement of arbitral awards in which Ukraine is a debtor, as well as the issues of arbitration education in Ukraine, training of Ukrainian young arbitration practitioners abroad and the experience of Ukrainian arbitration practitioners in arbitration cases abroad.
Volodymyr Nahnybida, in particular, focused on the general statistics of the ICAC and the UMAC during the war, the timeliness of dispute resolution, the industries in which disputes arise most often, outlined the data on the consideration of cases in English, and also focused on the issues of gender equality in the appointment of arbitrators.
His presentation also provided statistics on challenging and setting aside of arbitral awards over the past 9 years and emphasized that Ukraine is an arbitration-friendly jurisdiction, which is evident not only referring to the rate of set-aside awards (5 set-aside awards (0.2%) out of 2774 arbitral awards issued over the past 9 years), but also referring to the stable court practice based on pro-arbitration approaches. One of the most recent decisions of the Supreme Court in case No. 911/1766/22 dated 30 August 2024 is a clear confirmation of the support of arbitration by state courts.
For more details, please see the video recording of the event following the link (available in Ukrainian).