Supreme Court judges and international assistance project representatives discuss how to improve commercial dispute resolution

Contributing to Ukraine's recovery by improving the commercial dispute resolution procedure - this was the subject of a meeting between Supreme Court judges at the Commercial Cassation Court, Ihor Benedysiuk and Oleksandr Baranets, and representatives of international assistance projects working to strengthen the rule of law.

Patricia Shaughnessy, a professor at Stockholm University and an expert in the USAID Justice for All Program, presented preliminary findings from an assessment of the commercial dispute resolution environment to improve the overall investment climate in Ukraine.

The key findings state that improving the accessibility and quality of commercial dispute resolution services in Ukraine will contribute to strengthening the Ukrainian business environment, attracting foreign investors, restoring Ukraine and harmonising Ukrainian case law with international standards of the European Union. In addition, Patricia Shaughnessy expressed the view that it would be inexpedient to create a specialised investment court. Instead, efforts should be focused on building and improving the existing system of commercial courts in Ukraine.

At the same time, leading international dispute resolution organisations have expressed interest in building capacity and sharing knowledge with Ukrainian beneficiaries. It is also necessary to improve Ukraine's legal framework for alternative dispute resolution.

Ihor Benedysiuk, Secretary of the Judicial Chamber for Intellectual Property Rights Protection and Antitrust and Competition Law of the Commercial Cassation Court of the Supreme Court, welcomed the conclusions, noting that the development of the judiciary should not be solely reliant on the establishment of new institutions. Above all, the quality of the composition is of the utmost importance, namely, improvement, professional growth and the realisation of potential.

He also informed the participants of a series of events planned by the specialised chamber to improve the skills of judges at all levels specialising in IP cases. According to Ihor Benedysiuk, 2023 saw the resumption of cooperation with the World Intellectual Property Organisation (WIPO), as evidenced by the signing of relevant memoranda. In addition, four training sessions will be held in the near future with the participation of the best international IP specialists who will conduct online training for judges.

It is worth noting that Ukraine has become the 35th country whose court decisions have already appeared in the international WIPO Lex-Judgments Database. This became possible due to the enhanced international cooperation between WIPO and the Supreme Court.

Joining this network offers the opportunity to gain insight into the most effective judicial practices and to showcase the standard of IP dispute resolution in Ukraine to colleagues from other countries.

As part of the discussion, Ihor Benedysiuk suggested that his colleagues and representatives of international projects identify the primary and priority areas of cooperation, as such an algorithm of work will maximise the level of commercial dispute resolution required by the present day and the future reconstruction of Ukraine.

The participants agreed to discuss further steps for the near future within the framework of the cooperation between the project and the Supreme Court in more detail at the next meeting.

Other participants of the event included David Michael Vaughn, USAID Justice for All Program Chief of Party, Oleksandr Piskun, Democracy Development Program Manager at the USAID Office of Democracy and Governance in Ukraine, Lina Hubar, Head of the Division for International Cooperation of the Supreme Court, and representatives of the High Qualifications Commission of Judges of Ukraine and international projects.

The meeting was organised by the U.S. Agency for International Development (USAID) Justice for All Program.