Supreme Court judges discussed improvement of commercial dispute resolution mechanisms in Ukraine

Trends, challenges and opportunities in the field of commercial dispute resolution in Ukraine, the definition of practical recommendations, the reform of legal education, the development and application of modern mechanisms for resolving these disputes in order to improve the overall investment climate and support Ukraine's integration into the European Union. These and other issues were discussed during the expert discussion "Commercial Dispute Resolution in Ukraine: Roadmap for Recovery', with the participation of Larysa Rohach, President of the Commercial Cassation Court of the Supreme Court, and Ihor Benedysiuk, Secretary of the Judicial Chamber for Intellectual Property Rights Protection and Antitrust and Competition Law of the CommCC of the Supreme Court.

Professor Patricia Shaughnessy, USAID Justice for All Program Expert, Stockholm University, presented the preliminary results of the second assessment of the commercial dispute resolution system in Ukraine.

In particular, she emphasised the importance of informing users about available dispute resolution tools, including mediation and arbitration, the need to establish an advisory council to coordinate efforts and initiatives aimed at improving the commercial dispute resolution system and attracting foreign business, as well as updating and widely introducing alternative dispute resolution curricula in higher education institutions.

During the discussion, Larysa Rohach, President of the CommCC of the Supreme Court, noted that such in-depth research and ongoing systematic work on studying the situation with commercial dispute resolution in Ukraine are important for economic development. At the same time, the courts play a significant role in protecting economic relations and ensuring the rule of law.

Larysa Rohach also informed about the ongoing work of the commercial courts to reduce the timeframe for consideration of cases, to achieve a balance between the need to ensure the rule of law in accordance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, both in terms of access to justice and protection of property rights of a bona fide purchaser. Another important aspect of the work of commercial courts is to strengthen the role of court decisions and ensure the unity of case law.

In addition, Larysa Rohach emphasised the need to deepen cooperation with international institutions in addressing topical issues of judicial mediation, arbitrability of disputes, and application of international economic law.

At the same time, the business community's opinion on the introduction of new judicial instruments that will stimulate Ukraine's post-war economy is extremely important.

The event was organised by the USAID Justice for All Program.