ICAC Arbitration Readings: Effective Mediation

IP Disputes

ICAC Arbitration Readings: Effective Mediation

On October 10-11, 2019, the VI International Arbitration Readings in Memory of Academician Igor Pobirchenko were held, the second day of which was devoted to the effectiveness of mediation.

Main messages from representatives of the Office of the President of Ukraine, the Verkhovna Rada of Ukraine, the Supreme Court:

✅ To improve the investment climate in Ukraine, it is important to give business access to ADR procedures (arbitration and mediation) to resolve disputes effectively

✅ It is important for every citizen who works and does business in Ukraine to have a sense of justice that is ensured through quick access to justice (judicial authorities, ADR institutions)

✅ Judicial institutions are interested in alternative dispute resolution procedures. The relevance of mediation is recognized by the practice of foreign countries. Mediation is the way to civilized dispute resolution.

Our partner Olga Khmaruk presented on the possibilities of mediation for effective settlement of disputes in the field of intellectual property and spoke about the specificity of disputes in this field, which determines the use of mediation, namely:

➡️ The short life cycle of intellectual property objects - they quickly get outdated. At the time of the judgment, it may not be relevant to the business.

➡️ The international nature of the use of intellectual property. Disputes about them may involve entities from different jurisdictions. Mediation as a more flexible process makes it possible to resolve cross-border disputes faster and cheaper.

➡️ Resolving IP disputes in courts requires considerable cost to the parties, especially when the proceedings are protracted for years. Mediation enables businesses to reduce their costs to resolve contentious issues.