Ukraine and Reparations
An Update and a Call to Action for California International Arbitrators
On November 14, 2022, the UN General Assembly passed an historic resolution calling for Russia to pay war reparations to Ukraine and establishing an international mechanism to compensate Ukrainians for their damages as well as a register to document evidence and claims. The Ukraine government has invited Columbia Law School International Claims and Reparations Project (ICRP) to propose legal frameworks for the management of such international claims and reparations.
The panel will feature Ukraine and ICRP leaders in dialogue with leading international arbitrators to regarding project details, the potential role of international arbitration and mediation in the resolution of claims, and ways in which the arbitration community can contribute to this critical effort.
Join us on March 15 from 9 to 10.20 a.m.
MCLE 1.25 credits
Markiyan Kliuchkovskyi serves as an advisor to the Office of the President of Ukraine and is a member of the President’s working group on development of an international reparations mechanism for Ukraine, and co-leads Ukraine’s effort to establish the mechanism. Markiyan is partner at Asters, Ukraine’s biggest law firm, and co-chairs the International Arbitration and Litigation practice. In almost 20 years of experience, he has acted for private and state-owned clients, as well as the state of Ukraine in arbitrations and litigations across Europe and the world.
Patrick Pearsall leads Allen & Overy’s arbitration practice in the Americas after serving in the U.S. State Department working on economic diplomacy. He departed in 2017 as the Chief of Investment Arbitration. In 2022, Ukraine’s President Zelenskyy asked Patrick to create an international claims mechanism for damage resulting from the war. As a result of that unique mandate, Patrick created, and now directs, the Columbia Law School International Claims and Reparations Project.
Jerry Roth has 40 years of cross-border and international litigation, arbitration, mediation, and investigation experience to his role heading up FedArb’s European desk. As a partner at Munger, Tolles & Olson for 27 years, he led complex international litigation, arbitration, mediation, and government and internal investigation matters for national and international companies, boards of directors, and individual clients.
Hon. Abraham D. Sofaer is the co-founder and chair of FedArb and George P. Shultz Senior Fellow Emeritus at the Hoover Institution. Prior to joining Hoover, he served as a District Court Judge in the SDNY and as the Legal Adviser to the State Department under George P. Shultz, where among other responsibilities, he served as Agent for the United States in the Iran/U.S. Claims Tribunal from 1985 to 1990 and negotiated and worked on other claims issues, including the small claims process adopted regarding Iranian claims. He has written and taught extensively on international legal issues and served as an arbitrator in many international arbitrations.
Moderator – Kennen Hagen has 40 years of litigation and investment banking experience and is the president and CEO of FedArb, an international ADR firm headquartered in Silicon Valley with a highly selective group of 120 arbitrators, mediators and special masters who assist litigants in their most complicated legal disputes.