In Focus (#9-10 September-October 2021)

Pragmatic Solutions

Being the bread and butter practice area for legal counsel all over the world, the dispute resolution practice spans litigation, arbitration and alternative methods. The growing number of arbitration requests, development of its centers and rules provided for increasing the level of trust of both parties dealing with commercial and investment disputes. Investment disputes are customarily a burning issue for Ukraine, indicating the credibility of commitments undertaken by the state and the attractiveness of the nation’s business environment.

Interestingly, law firms address clients to consider cooling-off periods under bilateral investment treaties as an alternative mechanism of amicable settlement.

The recent pandemic has had an effect on the traditionally conservative legal market, facilitating digitalization of arbitration procedures and bringing more transparency. Alternative dispute resolution (ADR) is viewed even more as a flexible and quite attractive alternative.

Our cover story speaker Oleg Malinevskiy, partner of EQUITY law firm, explained the potential and constraints of alternative dispute resolution development in Ukraine. Interestingly, Ukrainian legislation allows ADR, though the incentives and guarantees for parties are still not clearly determined.

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