KAD: Think globally, think differently

2018-09-14

KYIV - September 14, 2018. The Ukrainian Bar Association held Kyiv Arbitration Days 2018, a world class event in international arbitration. This year we updated the format of the event: introduced a dedicated site, a new date, a great location, even more internationally recognized arbitrators, who exchanged views on the problems and prospects of the industry.

The arbitration world is changing almost every day. Through expert discussions, we explore current trends in the industry and identify the best ways to respond to the challenges of a modern and complex world. Each year, at our conferences, we break the hottest topics and only talk about what's really important and interesting to the audience.

Andriy Stelmashchuk, President of the Ukrainian Bar Association, Iryna Nazarova, Managing Partner of ENGARDE, Erhard Bohm, partner at BAIER, Oleksiy Filatov, Deputy Head of the Presidential Administration, who was the fist to open the event with the special report on the reform of the arbitration legislation in Ukraine.

Mr. Filatov called the reform of the arbitration legislation one of the components of judicial reform, and its significant achievement is the support of arbitration procedures, which makes Ukraine considered as a country friendly for arbitration.

Foreign experts joined together to discuss current principles of arbitration, which were being reviewed, and Ivan Lyshchin, Deputy Minister of Justice of Ukraine. In the course of the discussion, the speakers touched upon the issues of the use of documents (including, with the participation of the state and state-owned companies): how safe and what consequences can be caused?

A rather controversial issue was the transparency in arbitration. Giorgios Petrohilos, partner of Three Crowns (France), offered the audience his own view on the balance of transparency, particularly in matters of public interest.

Annette Van Hooft, Arbitrator (France), provided advice to participants in arbitration on ethical issues. The parties arranged for the arbiter to gather evidence based on ethical rules; colleagues - to respect impartiality. The speaker voiced the idea of ​​creating a global council of arbitration ethics.

The experts then discussed the implementation of arbitration awards. Florian Haugenger, partner at Knoetzl (Austria), gave practical advice on how to look for the debtor's assets to secure the creditor's rights.

We could not but touch the favorite and extremely relevant topic of digital technology in the life of a lawyer. There are two ways of development: either we embed the technology into our lives and make it more effective, or move away from the distance. Experts discussed ways how to integrate into the business communication block-chain contracts, foresee an arbitration agreement and settle disputes. Also, the attention was paid to the tedious theme of the replacement of lawyers (in particular, arbitrators) with artificial intelligence. How realistic is it? Experts talked about the ways of the probable development of new technologies and the implications of their implementation in a professional environment.

In the end, the speakers and guests of our event voiced controversial position of states, investors, advisers and referees in a friendly discussion in the context of making changes to the ICSID. The participants discussed the provisions on the disclosure of arbitration awards, the reduction of the duration and cost of arbitration, the disqualification of arbitrators, the financing of arbitration by a third party, the issue of guaranteeing court costs, etc.

One of the foreign experts - conference speakers Michael Ostrov, chair of arbitration practice at DLA Piper (France) - noted the high level of organization of the event and the reports of the participants, and was impressed by the urgency of the issues discussed. Sabine Conrad, partner of McDermott Will Emery (Germany) and moderator of the last session, said: "It would be unfair to say that this conference is important only for Ukraine, as this event is part of the cycle of the most important measures for international arbitration. This conference is one of the largest in Eastern Europe, and today the leading experts from all over the world, even from Hong Kong, came here. For many years, I'm enjoying KAD with great pleasure. "

Among the participants of the event were by Pelin Baisal, partner of Gün + Partners (Turkey), Yaroslav Teklyuk, director of legal at Naftogaz Ukrainy, Sergiy Alekhin, Associate at Willkie Farr & Gallagher (France), Oleksandr Martynenko, Senior Partner at CMS Cameron McKenna Nabarro Olswang (Ukraine), Eva Kalnina, counsel at Lévy Kaufmann-Kohler (Switzerland), Hermann Galushchenko, managing partner at International Law Agency ILA (Ukraine), Sabine Conrad, partner at McDermott Will Emery (Germany), Philip Dunham, Partner Dechert (France) , Marne Chick, Covington & Burling International Arbitration Practitioner (USA).

After the Kyiv Arbitration Days, Kyiv Arbitration Night became the highlight of the conference. This was a great opportunity to mingle with colleagues in an informal and friendly atmosphere with a glass of wine. Live music, national cuisine and drinks made a nice evening out.

We want to thank all the speakers and participants of the event, guests and partners who made this event unique and supported a friendly atmosphere for a constructive dialogue.

Also, our thanks to those who have contributed to the success of this event - our partners: ENGARDE, EPAP Ukraine, DLA Piper, Shearman & Sterling, Marchenko Partners, KNOETZL.

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