International Commercial Arbitration at Ukraine
Here’s a detailed overview of International Commercial Arbitration in Ukraine:
🇺🇦 International Commercial Arbitration in Ukraine
🔹 1. Legal Framework
Ukraine’s legal system for arbitration is based on the Law of Ukraine on International Commercial Arbitration (1994, as amended).
The law is modeled on the UNCITRAL Model Law, ensuring compatibility with international standards.
The law governs arbitration of:
International commercial disputes (involving foreign entities),
Foreign trade contracts,
Disputes arising from civil and commercial legal relationships.
🔹 2. New York Convention
Ukraine is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (ratified in 1960 under the USSR).
Ukrainian courts generally recognize and enforce foreign arbitral awards in line with the Convention.
Ukraine is also a member of the European Convention on International Commercial Arbitration (1961).
🔹 3. Arbitration Institutions in Ukraine
🇺🇦 International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry (UCCI)
The ICAC is the leading arbitral institution in Ukraine and one of the most recognized in Eastern Europe.
It administers disputes related to international contracts, foreign investments, shipping, construction, etc.
It has modern rules, updated in 2017, that support efficient and fair arbitration.
⚖️ Other Institutions:
The Maritime Arbitration Commission (MAC) also exists at the UCCI, handling shipping and maritime disputes.
🔹 4. Judicial Support
Ukrainian courts support arbitration agreements, enforce foreign and domestic awards, and have limited powers to intervene.
Courts may assist in the appointment of arbitrators and grant interim measures.
Setting aside or refusal of enforcement is limited to grounds similar to those in the UNCITRAL Model Law and the New York Convention.
🔹 5. Language and Procedure
Arbitrations can be conducted in any language agreed upon by the parties.
Ukrainian arbitration law allows parties to choose procedural rules, seat, and applicable law.
The ICAC and MAC provide rules in both Ukrainian and English.
🔹 6. Recent Trends and Developments
Ukraine has been actively improving its arbitration environment, particularly to attract foreign investment and improve its legal reputation.
Ukrainian courts have become more predictable and professional in handling arbitration-related cases, especially in Kyiv and major cities.
✅ Summary
| Feature | Details |
|---|---|
| Arbitration Law | UNCITRAL-based Law on International Commercial Arbitration (1994) |
| New York Convention | Yes (since 1960, as part of USSR) |
| Main Institution | International Commercial Arbitration Court (ICAC) at UCCI |
| Court Support | Generally supportive and aligned with international norms |
| Common Usage | Disputes in trade, foreign investment, shipping, construction |
| Language | English and Ukrainian (parties may choose) |
| Seat Viability | Ukraine is a recognized and respected seat for international arbitration in Eastern Europe |
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