Speech at the International Forum
- Introduction
Ladies and Gentlemen, esteemed colleagues,
We are witnessing the emergence of one of the most ambitious undertakings of the 21st century – the reconstruction of Ukraine. This effort, which may require investments amounting to hundreds of billions of dollars, will undoubtedly reshape the European economic and legal landscape. Yet such an enormous opportunity carries corresponding risks that cannot be underestimated. To mitigate them and ensure long-term success, a sound and transparent legal framework is not merely desirable – it is essential. Lawyers, therefore, will be among the key architects of this reconstruction, not only providing protection for investors, but also laying the foundation for a rules-based post-war recovery.
- Current Realities and Strategic Timing
What is happening now
Despite the ongoing conflict, Ukraine’s economy is demonstrating remarkable resilience. Numerous global companies are already laying the groundwork for future market entry. Now is the time to:
- Conduct in-depth market research – Understand Ukraine’s legal framework, economic conditions, and business culture.
- Establish local partnerships – Collaborate with Ukrainian legal and consulting firms.
- Prepare a legal infrastructure – Design investment-ready corporate structures tailored to the local environment.
- What to expect post-conflict
Post-war Ukraine is poised to become one of Europe’s most dynamic investment destinations – but also one of the most legally complex. Key considerations will include:
- High competition for premium assets
- Bottlenecks in both physical and legal infrastructure
- Legal volatility amid rapid reform
- Elevated corruption risks due to large financial inflows
Looking forward, the post-war period will likely transform Ukraine into one of the most attractive – and complex – investment destinations in Europe. The inflow of capital will be massive, but so too will be the competition for assets, the legal uncertainty caused by ongoing reforms, and the infrastructural and institutional bottlenecks. These factors demand a level of legal preparedness and flexibility that only international cooperation can provide.
- The Strategic Role of Switzerland
In this emerging framework, Switzerland is uniquely positioned to act as a cornerstone of stability and trust. As a global financial hub with a longstanding tradition of neutrality and legal integrity, Switzerland can serve as a secure and transparent conduit for European and Middle Eastern capital entering Ukraine. Switzerland holds a unique position in facilitating Ukraine’s reconstruction:
- As a guardian of international legal standards, it ensures compliance with ESG and sustainable development goals (UN SDGs).
- Swiss legal professionals offer robust frameworks for investment protection, benefiting from Switzerland’s extensive BIT (Bilateral Investment Treaty) network and proximity to key arbitration institutions (e.g., Swiss Chambers Arbitration Institution) and Double Taxation Treaties (e.g., Ukraine–Switzerland DTT)
Moreover, Swiss-based Ukrainian legal and business partners can play a vital role as guarantors of compliance, anti-corruption standards, and quality control. They can bridge the gap between foreign investors and Ukrainian implementers, ensuring that capital is allocated lawfully and efficiently. Their presence helps reassure institutional investors that funds will be protected – both reputationally and legally. In this sense, Switzerland can serve as both a moral compass and a legal anchor for investments that prioritize sustainability, accountability, and long-term impact.
- The Role of Lawyers in Securing Investment
a. Legal Due Diligence
Traditional due diligence must be significantly expanded for Ukrainian conditions:
Standard areas:
Ownership structure
Financials and tax status
Corporate governance
Ukraine-specific focus:
In the Ukrainian context, this begins with robust legal due diligence. Traditional
assessments of corporate ownership, financial viability, and tax exposure must now be expanded to include wartime-specific risks – such as insurance coverage for conflict-related losses, the legal status of property during martial law, and compliance with international sanctions. A forward-looking risk analysis that includes geopolitical instability and supply chain disruptions is essential.
b. Investment Structuring
A multi-tiered strategy is essential:
Jurisdictional structuring:
Use of intermediary holdings in stable jurisdictions (e.g., the Netherlands, Luxembourg, Switzerland)
Leverage Double Taxation Treaties (e.g., Ukraine–Switzerland DTT)
BIT protection, particularly via Switzerland’s robust investment treaty network
Operational structuring:
Local LLCs with limited liability
Separation of operating vs. asset-holding vehicles
Use of management and IP licensing agreements
c. Regulatory Risk Mitigation
Given Ukraine’s expected legislative flux post-war:
Early-warning systems for legal changes
Participation in regulatory consultations
Use of “grandfather clauses” and stabilization provisions in contracts
Arbitration clauses referencing respected international forums (e.g., LCIA, ICC,
Swiss Chambers)
- Anti-Corruption Compliance
One of the greatest threats to successful reconstruction is corruption. To address this risk, legal advisors must implement strict compliance programs, train personnel to adhere to international standards such as the OECD Anti-Bribery Convention, and establish internal whistleblower mechanisms Transparency International.
Crucially, Swiss-based Ukrainian partners can act as filters, ensuring all interactions with Ukrainian authorities are fully documented and lawful. These professionals act as compliance custodians – their reputations are on the line, and so they serve as a natural buffer against impropriety. This local presence, under Swiss oversight, increases transparency and improves investor confidence.
- Practical Steps for International Investors: A Legal Roadmap
The investment timeline must be divided into three coordinated phases: preparation, market entry, and long-term protection.
Planning Phase (Now)
➔ Assemble a Ukrainian legal task force
➔ Analyze case studies of successful wartime operations
➔ Set up dormant legal entities that can be activated post-conflict
At the planning stage – which is now – international actors must engage Ukrainian legal experts with a proven track record of supporting foreign clients. Corporate vehicles and governance frameworks should be designed and registered in advance, even if not yet operational, so they can be activated immediately when circumstances permit.
Market Entry Phase (Post-War)
➔ Launch pilot projects and gradually scale operations
➔ Form joint ventures with vetted Ukrainian partners
➔ Diversify across regions and sectors
Pilot projects, local partnerships, and phased capital deployment will allow investors to test assumptions and build trust. Joint ventures with reputable Ukrainian partners are strongly advised.
Long-Term Protection
Finally, the long-term success of these investments will depend on institutional support. Political risk insurance provided by organizations such as MIGA – Multilateral Investment Guarantee Agency or national export credit agencies, legal monitoring systems, and active participation in trade and legal associations will all be essential components of a resilient investment strategy.
- Legal Innovation for a New Ukraine
Lawyers must also be open to technological innovation. LegalTech solutions – such as automated legislative monitoring systems, blockchain for transaction transparency, and AI-driven regulatory analysis – can provide an edge in a fast-changing environment. These tools should be adapted and localized for Ukraine’s legal system, with the goal of creating a digital-first regulatory environment that enhances investor protection and public accountability.
International Legal Tools
➔ BIT structuring for maximum treaty protection (UNCTAD BIT Database)
➔ Use of development finance institutions and guarantees (e.g., EBRD, IFC)
Technology & Legal Innovation
➔ AI tools for regulatory intelligence
➔ Blockchain for transaction transparency
➔ Smart contracts and legal automation for document standardization
International law, too, will play an increasingly important role. The use of BITs, dispute settlement mechanisms, and trade finance instruments offered by development banks and multilateral institutions will need to be mainstreamed into the Ukrainian investment landscape.
- Conclusion: The Legal Profession’s Responsibility
The reconstruction of Ukraine is not just an economic challenge – it is a legal one. It will test the ability of the international legal community to build transparent, fair, and resilient systems that protect investors while serving the Ukrainian people.
For investors – delivering legal clarity and investment protection
For Ukrainian society – ensuring responsible use of foreign capital
For the global community – creating a scalable model of lawful, post-war reconstruction
Switzerland can – and must – play a central role in this legal architecture, not only as a financial channel, but as a moral and legal guarantor of transparent and effective rebuilding.
We, as legal professionals, carry a dual responsibility: to our clients – by safeguarding their investments – and to the global public – by ensuring international assistance is used ethically and effectively. Our Swiss colleagues, in particular, are uniquely positioned to lead in this role, given the country’s unmatched credibility, neutrality, and legal infrastructure. If we succeed, Ukraine may become a benchmark for post-conflict reconstruction – not just a story of recovery, but one of international legal cooperation and strategic foresight.
The time to prepare is now. Let us take this responsibility seriously and continue to build the legal foundations for a secure and sustainable future for Ukraine.
Thank you for your attention.
