Opening remarks
TBC
Moderator:
TBC
Topics and Experts:
1. How can arbitration effectively resolve disputes arising from defence procurement, military technology, and cross-border supply agreements?
Markian Malskyy , FCIArb, Managing partner at Arzinger law firm (Ukraine)
2. National Security and confidentiality in arbitration proceedings. How should arbitral tribunals balance transparency, due process, and the protection of classified or sensitive information?
3. How do international sanctions regimes and export-control regulations affect arbitration involving defence-sector transactions and parties? (sanctions, export-control and military-related arbitration).
Break
Keynote speech
TBC
Break
Moderator:
TBC
Topics and Experts:
1. How do experts value destroyed or occupied assets? Should and does this differ in commercial vs. investment treaty cases? Should tribunals use pre-war, wartime or post-war assumptions?
2. How do you distinguish war loss from market loss, sanctions loss and regulatory loss?
3. How should tribunals value lost opportunities in Ukraine’s post-war economy? Are reconstruction costs the right measure of loss, or should tribunals use market value?
4. How should interest be calculated in high-inflation, high-risk environments?
Break
Special presentation
TBC
Break
Session 3 — Rebuilding Under Fire: Arbitration for Reconstruction, Infrastructure, Energy and Defence-Supply Projects
Moderator:
TBC
Тopics and Experts:
1. What dispute clauses should be used in Ukraine reconstruction contracts: ICC, LCIA, SCC, VIAC, UNCITRAL, local arbitration, dispute boards, expert determination?
2. How should contracts allocate war-risk, air-raid interruptions, mobilisation, labour shortages, cyberattacks, sanctions, customs delays, demining risk and supply-chain disruption?
3. Are standard force majeure and hardship clauses sufficient, or do reconstruction contracts need bespoke “wartime performance” clauses?
4. How can parties make donor-funded and state-backed projects commercially feasible while preserving transparency and avoiding corruption allegations?