Arbitration in a war economy

Opening remarks

Military Arbitration: Defence & Security Disputes

1. How can arbitration effectively resolve disputes arising from defence procurement, military technology, and cross-border supply agreements?
   Dr. Markian Malskyy
2. National Security and confidentiality in arbitration proceedings. How should arbitral tribunals balance transparency, due process, and the protection of classified or sensitive information?
   Dr. Olexander Martinenko
3. How do international sanctions regimes and export-control regulations affect arbitration involving defence-sector transactions and parties?
   Prof. Charles T. Kotuby Jr.
4. What are the main jurisdictional and enforcement challenges in disputes involving States and defence-sector enterprises, and where State immunity is invoked?
   Speaker to be announced

Dr. Erhard Böhm

Independent arbitrator, BOEHM ARBITRATION (Vienna, Austria)

Moderator

Dr. Markian Malskyy

FCIArb, Managing partner at Arzinger law firm (Ukraine)

Dr. Olexander Martinenko

Managing Partner at AMV Law Offices (Ukraine)

Prof. Charles T. Kotuby Jr.

University of Pittsburgh School of Law; Of Counsel, Three Crowns LLP (Washington, D.C., United States)

Keynote address

Damages in a War Economy: Valuation, Causation and Reconstruction Costs

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?
   Isabel Kunsman
2. How do you distinguish war loss from market loss, sanctions loss and regulatory loss?
   Speaker to be announced
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?
   Michael Pogue
4. How should interest be calculated in high-inflation, high-risk environments?
   Speaker to be announced

Dr. Galina Zukova

Founder of ZUKOVA Legal (Paris, France), Member of the Permanent Court of Arbitration

Moderator

Isabel Kunsman

Partner & Managing Director at AlixPartners (Washington, D.C., United States)

Michael Pogue

Managing Director at Secretariat (London, United Kingdom)

Special presentation

Rebuilding Under Fire: Arbitration for Reconstruction, Infrastructure, Energy and Defence-Supply Projects

1. What dispute clauses should be used in Ukraine reconstruction contracts: ICC, LCIA, SCC, VIAC, UNCITRAL, local arbitration, dispute boards, expert determination?
   Margarita Chatzi
2. How should contracts allocate war-risk, air-raid interruptions, mobilisation, labour shortages, cyberattacks, sanctions, customs delays, demining risk and supply-chain disruption?
   James Bremen
3. Are standard force majeure and hardship clauses sufficient, or do reconstruction contracts need bespoke “wartime performance” clauses?
   Olga Shenk
4. How can parties make donor-funded and state-backed projects commercially feasible while preserving transparency and avoiding corruption allegations?
   Franz Schwarz

Pavlo Byelousov

Partner at Bono Legal (Kyiv, Ukraine), Chair of the UBA Committee on Alternative Dispute Resolution

Moderator

Margarita Chatzi

Deputy Counsel, ICC International Court of Arbitration (Paris, France)

James Bremen

Partner at Joseph Hage Aaronson & Bremen (London, United Kingdom)

Olga Shenk

Partner, Head of Dispute Resolution and Compliance at CMS (Kyiv, Ukraine)

Franz Schwarz

Partner at King & Spalding (London, United Kingdom), President of the Vienna International Arbitration Centre