SCLA GLOBAL FORUM #43: OPPORTUNITIES AND CHALLENGES OF LEGAL ISSUES IN POST-WAR UKRAINE: A FOCUS ON RECONSTRUCTION AND PROPERTY LAWS AND FOREIGN RELATIONS AND TREATIES

This event is by invitation only. While registration will be open, please note that not all applications will be approved due to the exclusivity of the occasion.

Registration Link: https://us02web.zoom.us/meeting/register/tZIldeCppzgjGdO0Cy8vC_Vi1HDPvr-E7hBW 

INTRODUCTION

Emerging from a tumultuous conflict, Ukraine’s legal landscape faces pronounced challenges, especially in the areas of reconstruction, property laws, foreign relations, and international treaties. Addressing these issues is paramount to establishing stability, fostering international collaboration, and ensuring lasting peace. This session provides an in-depth examination of these aspects, offering a platform for dialogue and forward-thinking solutions.

The aftermath of the conflict has left Ukraine with a series of intricate property-related challenges. The foremost among these is the restoration of property rights, particularly in zones severely impacted by the war. Many property owners are grappling with the realities of lost documentation, or records that were either destroyed in the hostilities or are currently inaccessible. This raises pressing questions about how the Ukrainian legal system plans to facilitate the reclamation of these rights and provide necessary redress.

Furthermore, during the duration of the conflict, numerous reports emerged about land occupations and grabs. Addressing these instances requires a clear legal mechanism, one that ensures the rightful return of properties without inflaming existing tensions or fostering new disputes. This inevitably brings us to the topic of dispute resolution in post-war Ukraine. Given the delicate nature of these disagreements, there’s a growing discourse on whether specialized courts or tribunals should be established to address post-war property disputes. To foster trust and transparency, it’s also worth considering how Ukraine can effectively integrate international best practices and precedents into its localized approach.

Simultaneously, Ukraine must carefully consider its standing concerning pre-existing international treaties. This is particularly pertinent when it involves nations that had significant roles or stakes during the conflict. In this dynamic geopolitical environment, there might also be a necessity to revisit or renegotiate certain treaties, ensuring they align with the nation’s current realities and aspirations.

Lastly, as Ukraine evaluates its global partnerships and alignments, the country is faced with legal challenges tied to its realignments. The Ukrainian legal community has a paramount responsibility here: to ensure that any geopolitical decision is not just diplomatically sound but is also rooted in safeguarding the nation’s sovereignty and best interests.

13:00-13:20 CEST

Philip Hackett, K.C., Senior SCLA Member, Geneva International Dispute Resolution Institute

The Legal Landscape of Sanctions: Implications for Ukrainian Businesses and Foreign Investments

The intricate realm of sanctions has a profound impact on the Ukrainian economic landscape. This discussion will explore the challenges and implications these sanctions present for Ukrainian businesses and the broader sphere of foreign investments. Understanding the complexities of this legal terrain is crucial in the global economic context.

13:20-13:35 CEST

Gary Gao, Senior SCLA Member, Zhonglun Law Firm

Reassessment of investment treaty related dispute resolution: Analyzing the Implications of Ukraine’s Geopolitical Realignments for Chinese Investment Strategies

In the wake of Ukraine’s recent conflict, there emerges a pressing need to re-evaluate disputes resolution under standing international treaties, particularly with nations that were pivotal during the hostilities. It is imperative for Chinese investors to comprehend the nuances of these geopolitical transitions. This discourse will provide a comprehensive examination of the consequent challenges and prospects stemming from Ukraine’s strategic recalibrations. We also need to consider the limitations that may be imposed on a specific sovereign and then essentially result to shrinkage of the sovereign power. 

13:35-14:20 CEST Panel Discussion

Pawel Sikora (Poland), Managing Partner at KKG Warsaw Office

Andrii Ryshchenko (Ukraine), Dnipropetrovsk Regional Administrative Court

Alina Serhieieva (Ukraine), CEO at GEMME Ukraine

Sarah Hunt (Australia), Partner at HFW

Justice Gustaf Möller (Finland), Krogerus Attorneys

Restoring Property Rights and Attracting Foreign Investment in War-Impacted Zones: Navigating Challenges for a Resilient Future

The aftermath of conflict in Ukraine has brought to the forefront the intricate challenges of restoring property rights in areas severely affected by the war. Coupled with this is the imperative to attract and secure foreign investments to aid in the reconstruction and revitalization of these zones. This panel discussion seeks to address both the complexities of property rights restoration and the strategies to foster a conducive environment for foreign investors. Key areas of focus will include the legal mechanisms for property rights restoration, the role of international best practices, and the potential avenues for foreign investment in these regions.

SCLA Global Supporters (Part):

KKG (Kubas Kos Galkowski)

KKG is a reputable law firm that offers a wide range of legal services. They represent clients in various court proceedings, including before the Supreme Court, Constitutional Tribunal, and administrative courts. Additionally, KKG has expertise in areas such as energy & natural resources, corporate law, M&A, restructuring, banking, real estate, and compliance. Their collaboration with international law firms enables them to handle transborder legal proceedings, ensuring comprehensive support for their clients.

Dentons

Dentons is a leading global law firm with a strong focus on the European renewables sector. They provide comprehensive insights into the challenges and opportunities in renewable energy projects across Europe and Central Asia. With their expertise, they offer guidance on policy, legislation, and industry developments, ensuring clients are well-informed and supported in their endeavors.

RUGGLE Partner

RUGGLE Partner is a dedicated law firm that offers comprehensive legal advice and support. They specialize in mediating conflicts and provide guidance in both business and personal matters, ensuring clients receive tailored solutions throughout their journey.

Zhong Yin Law Firm

Established in 1993, Zhong Yin Law Firm is a pioneering partnership law firm in China with its headquarters in Beijing. With branches in 39 mainland cities and associations in Hong Kong and Macao, the firm boasts over 3,200 professionals. Zhong Yin offers global legal services, having alliances with legal entities worldwide. Specializing in diverse sectors like securities, banking, and M&A, they maintain strong ties with government and judicial departments. Their excellence is recognized by top international rating agencies.

Beijing Jin’an Trend Technology Co., Ltd

Beijing Jin’an Trend Technology Co., Ltd., is a leading tech firm specializing in big data and AI. They focus on financial security data solutions, serving sectors like public security, finance, and more. With a team of experts from diverse fields, they offer innovative solutions across China, aiming to enhance financial security and uphold social economic order. Currently in a growth phase, Jin’an Trend presents vast opportunities and welcomes new talents to contribute to their mission.