LCF Victory in ICC Proceedings: Team Defended Client Before Emergency Arbitrator

On 16 May 2026, the international arbitration team of LCF Law Group, comprising Olga Kostyshyna, Polina Bitiuk, and Kateryna Lykhopeka, successfully defended the client's interests in ICC proceedings before an Emergency Arbitrator.

The dispute concerned claims by a former contractor with whom the client had terminated an agreement for the implementation of an infrastructure project. The opposing party sought to use the emergency arbitration mechanism to effectively block any actions by the client related to the termination of the contractual relationship.

The case presented a serious challenge from the outset. The ICC President initially refused to open proceedings, concluding that there were no legal grounds to do so. However, following a renewed application by the opposing party, the President revisited the prior decision and appointed an Emergency Arbitrator. Such a reconsideration is rare in ICC practice.

Immediately after the appointment of the Emergency Arbitrator, in the night of 1 to 2 May 2026, the opposing party sought an urgent interim order, which was granted in less than two hours. Despite this, as early as 2 May 2026, the LCF team filed its objections and secured a modification of the interim order, allowing the client to retain the right to defend its infringed rights and legitimate interests in parallel arbitral proceedings, as well as to take the necessary measures to protect the project and the construction site.

Following the oral hearing, on 16 May 2026, the Emergency Arbitrator issued an order dismissing all of the former contractor's claims in full. The attempts to block the client's actions proved unsuccessful.

This case is an example of how a coordinated team effort across multiple jurisdictions and a readiness to act under extremely tight deadlines determine the outcome in international arbitration. Protecting the client's interests is a 24/7 process for us — one where speed and coordination are decisive.