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Supreme Court judges lay the groundwork for further active cooperation with the United Kingdom to strengthen the capacity of Ukrainian commercial courts

23 january 2025, 17:01

Judges of the Supreme Court Olena Kibenko, Ivan Mishchenko and Kostiantyn Pilkov took part in the gala reception dedicated to the presentation of the Annual Report of the Standing International Forum of Commercial Courts (SIFoCC), which took place in London on 15 January 2024. The presentation took place in the famous historic Guildhall building, where the first commercial court in London began its work. Judges, ministers, representatives of leading law firms, the legal community and business were invited.

As the Supreme Court joined the SIFoCC in 2024 and Ukraine became the 58th jurisdiction in the network, on 16 January 2025, the judges held an organisational meeting with Sir Robin Knowles, Judge of the Commercial Court of London, who is responsible for the current work of the SIFoCC, and Lord John Thomas, Member of the House of Lords, former Chief Justice of England and Wales (2013-2017), one of the founders of the SIFoCC. The participants of the meeting discussed areas of cooperation with Ukraine in 2025, including participation of Ukrainian judges in the Court Observation Programme, delegation of representatives from Ukraine to two key SIFoCC conferences (in Africa and India), and other projects. The SIFoCC representatives expressed their desire to provide comprehensive support to Ukrainian commercial courts, whose effective work is key to Ukraine's recovery and investment attraction.

The Supreme Court judges also took part in a number of working meetings on capacity building measures for Ukrainian commercial courts - with Lord Ponsonby, Under-Secretary of State in the Ministry of Justice of the UK, representatives of the Ukrainian office of the Foreign, Commonwealth & Development Office, and the British Institute of International and Comparative Law (BIICL).

The judges got acquainted with the work of the London Commercial Court and held a number of meetings with its judges. In particular, the British and Ukrainian judges exchanged experience on the application of international law, discussed the role of experts as consultants in a particular area of business, and the use of amicus curiae opinions (an expert who is not a party to the case). Attention was also paid to the selection of judges, building a judicial career, and ways to establish positive relations between the court and key stakeholders - lawyers, the legal community, and business.  

Lord Thomas also briefed the judges on the work of the House of Lords and spoke about the specifics of drafting and debating bills.

 

For reference. SIFoCC is the Standing International Forum of Commercial Courts, established in May 2017. Together with Ukraine, which became a full member of the Forum on 29 May 2024, it unites 58 countries.

The three key objectives of the SIFoCC are:

  1. Sharing best practices: The SIFoCC aims to facilitate the exchange of best practices among commercial courts to successfully adapt to a rapidly evolving business environment.
  2. Promoting the Rule of Law: By working together, judicial institutions collectively contribute to a more effective legal system that promotes global stability and prosperity.
  3. Supporting developing jurisdictions: The SIFoCC helps developing countries attract systemic investment by providing reliable mechanisms for resolving commercial disputes, aligning its efforts with the initiatives of international organisations such as the World Bank.

The full text of the Report of the Fifth Full Meeting of the SIFoCC is available here: https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/25/2025/01/20.266_JO_SIFoCC-Fifth-Meeting-Report_FINAL_Jan2025_WEB.pdf