Kyiv Arbitration Days: Think Big - Conference Overview
Kyiv Arbitration Days: Think Big took place online on 19 December 2025, bringing together arbitration practitioners and experts to discuss current legal, geopolitical, and technological issues in international arbitration.
The event was organised by the Ukrainian Bar Association with the support of Engarde Attorneys-at-Law and featured three panels, a keynote speech by Gary Born, and a special presentation by Markiyan Kliuchkovskyi. Ukrainian Arbitration Association was media-partner of the event.
The UAA member, Pogoretska Khrystyna, has kindly prepared the overview of the conference below.
The event started with welcoming remarks by Mykola Stetsenko, Lisa Richman and Oleksandr Seryogin who expressed their gratitude to the Armed Forces of Ukraine, as well as to the organisers and supporters of the event, and acknowledged the importance of the conference as a platform for dialogue where, even under the most challenging circumstances, the future is discussed, shaped, and defended.
The first panel was dedicated to International Arbitration and AI and was moderated by Dr. Nikolaus Pitkowitz.
The panel opened with a presentation by Dr. Larysa Didkovska, who discussed how integrating AI tools into decision-making reshapes mental effort by reallocating cognitive resources and affecting human’s sense of personal responsibility. While AI can reduce cognitive load and anxiety and support focus on important objectives, overreliance on AI risks shallow analysis, weakened critical judgment, and growing dependence on automated advice. The core concern she highlighted is the erosion of human agency, as decision-makers may feel less ownership over the results increasingly influenced by AI.
Judith Knieper presented the ongoing work of UNCITRAL on AI in dispute resolution, including the progress report on dispute resolution in the digital economy (A/CN.9/1215), Submission by Israel: Remote arbitration hearings and mediations (A/CN.9/1233), and the Submission by Inclusive Global Legal Innovation Platform on Online Dispute Resolution (A/CN.9/1224). She highlighted key legal implications of the use of AI by arbitrators and mediators, its potential impact on recognition and enforcement under the New York Convention and the Singapore Convention, as well as transparency issues, including whether and to what extent arbitrators should disclose the use of AI, and the development of model clauses governing the use of AI which can be included in arbitration agreements.
Benjamin Malek’s key message was that the use of AI in arbitration does not require reinvention of new ethical standards, but rather a rigorous application of existing ones. Arbitrators remain fully responsible for their decisions, judgment must remain human, and the legitimacy must remain personal. Developing this point, he emphasised that the principle of non-delegation of the arbitrator’s mandate has long been affirmed by courts, in particular, in the judgement of Swiss Federal Tribunal, ATF 128 III 234 (2002), Cour de cassation in Société Uni-Kod v. Société Ouralkali, as well as by Cour d'appel de Paris in Yukos Capital Sàrl v. Rosneft.
A highlight of Kyiv Arbitration Days 2026 was a keynote speech delivered by Gary Born on the Past, Present and Future of International Arbitration. He traced the evolution of international arbitration from antiquity to the modern era, observing its transformation from a mechanism for resolving disputes between merchants to a tool used to resolve state-to-state disputes, as well as sports and intellectual property disputes. He emphasised that arbitration constitutes a fundamental right of individuals and an expression of contractual freedom, firmly recognised in modern legal doctrine. At the same time, he acknowledged the dark chapters in the history of international arbitration, pointing to ongoing hostility toward international law and arbitration within the legal orders of the russian federation, the United States, and the European Union.
The second panel, moderated by Markian Malskyy, focused on international arbitration in the context of geopolitical instability and sanctions. Tetiana Bersheda addressed the international investment arbitration in the context of Lawfare project which examines the use of international legal mechanisms to bring russia to accountability. She highlighted dozens of Crimea-related arbitrations triggered by russia’s aggression against Ukraine since 2014. She reviewed key developments in cases brought by Ukrainian investors, as well as claims initiated by German and Finnish investors against the russian federation.
Konstiantyn Likarchuk discussed sovereign immunity defense as an obstacle for recognition and enforcement of arbitral awards and the need of national courts to adjust national law to the challenges caused by the war.
Oleksandr Vodyannikov addressed the status of war as a force majeure event, emphasizing its unique characteristics as an external circumstance governed by public law and capable of triggering a special legal regime, including a constitutional state of emergency. He discussed the intersection of public and private law in wartime and the impact of martial law on limitation of human’s rights.
Giuseppe de Palo discussed how sanctions directly affect commercial relationships, contractual performance, and enforcement outcomes in real time, with a focus on regional public-policy considerations in Europe and the strategic use of sanctions as leverage by China. He highlighted the importance of sanctions-aware contractual drafting and underscored that while arbitration remains resilient, it must adapt to the evolving sanctions landscape.
The event also featured a special presentation by Markiyan Kliuchkovskyi on the mechanisms of post-war justice. He examined the limitations of existing legal remedies, particularly arbitration, which, while remains essential for a compensation mechanism, is not a right forum to address war-related damage. He highlighted the key challenges facing post-war remedies and emphasized that the effective mechanism must be accessible, predictable, efficient, and based on standardized procedures to ensure fairness and collective legitimacy.
The last panel concerned energy-related disputes and was moderated by Ena Cefo. The panel comprising of Julie M. Carey, Sophia von Dewall, Tison Campbell, and Alayna Tria discussed the current landscape of energy disputes and how the future energy disputes may be shaped by regulatory rollbacks, reduced transparency, and increased uncertainty resulting from political change. They also addressed the specific challenges associated with the causation and valuation of damages in energy-related disputes.