Originally from The American Review of International Arbitration (ARIA)

PREVIEW PAGE

I.   INTRODUCTION

It is fair to state that most high-profile cases of Ukrainian origin have been considered before international arbitration tribunals rather than before Ukrainian courts. Corruption, political interference, lack of in-depth review, and an overly formalistic approach to evidence led to a lack of confidence in the Ukrainian judiciary and forced Ukrainian businesses to have their disputes resolved out of the jurisdiction of Ukrainian courts. Effectively, international arbitration has been seen by the Ukrainian legal community as an appropriate remedy to achieve justice, in the absence of other effective remedies.

With the start of the Russia-Ukraine war, many Ukrainian lawyers once again began to view international arbitration as the remedy that might hold Russia accountable. This article aims to address the role international arbitration has played in the past as well as the prospects of using international arbitration to resolve the current issues of the Russia-Ukraine war.