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Webinar «Force majeure and mediation during war: how to get along with counterparties»

Date: February 23, 2023

Time: 17.00 Kyiv time

Format: online

Participation is free

Force majeure is the same "black swan" for business, because the events that have occurred or are occurring are beyond the reasonable control of the parties to the contract. The occurrence of such an event prevents or causes a delay in the performance of the party's obligations. In fact, the existence of force majeure is an agreed distribution of risks between counterparties in the event of the occurrence of a certain event that no one can solve or change. That is why, from 2022, the phrase "war or military actions" began to be separated into a separate article in the treaty.

The war in Ukraine has been going on for almost a year, and during this period, business began to set other priorities, change the vectors of its development and, in general, develop in new niches. Ultra-fast decisions and flexibility in conducting business during martial law force entrepreneurs to look for innovative solutions for further development, but they are also the basis for the emergence of conflict situations between the signatories of contracts. How to quickly and painlessly resolve controversial situations?

There is a way out, which is known as alternative dispute resolution including mediation, the main purpose of which is to ensure the interests of all parties to the contract and preserve the relationship. Moreover, mediation helps transform business relations into a new, high-quality vector of development.

During our webinar, all interested parties will be able to learn about the following:

  • 1. Why do provisions on force majeure in the contract have only a temporary justified effect?
  • 2. Actions in the event of a conflict situation between counterparties.
  • 3. What should I choose, court or mediation?
  • 4. Legal basis for mediation in Ukraine.
  • 5. Resolving international disputes with your counterparties through mediation.
  • 6. Documents, preservation of commercial secrets and protection of confidential information.
  • 7. Decisions in the mediation procedure and methods of their registration and confirmation.
  • 8. Procedural actions of the entrepreneur, if the case is already in court.

Speaker: Victoria Polishchuk

Master of Mediation and Conflict Resolution (Ukraine, Kyiv), Basic Mediator Skills (Edwards Mediation Academy, USA). Head of the International Mediation Center of the KROK Business School. Senior teacher of KROK Business School. Certified mediator of the International Mediation Institute, World Mediation Organization; ADR International Conflict navigator; certified ICR International Coach practitioner.