Ukraine - National Report - World Arbitration Reporter (WAR)

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World Arbitration Reporter - 2nd Edition - Looseleaf

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UKRAINE†
Yaroslav Petrov,* Viktoria Afanasieva,** Olexander Martinenko***
and Oleksandr Gudko****
I. INTRODUCTION: ARBITRATION IN UKRAINE—
HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
The development of international commercial arbitration started
in Ukraine after the country obtained independence in 1991. The
idea of establishing an international commercial arbitration court
was first mentioned in a Decree of the Parliament of Ukraine “On the
Entering into Force of the Law of the Ukrainian Soviet*** Social Republic
“On Foreign Economic Activity” No. 960-12 of 16 April 1991, where it
was proposed that an arbitration court was established at the
Ukrainian Chamber of Commerce and Industry.1
Since then the Ukrainian Parliament has adopted a number of
laws that constitute the legal framework for arbitration and has also
ratified internationally recognised arbitration instruments. The right
for parties to arbitrate their disputes in Ukraine is enshrined in
national legislation and in various international treaties.
The international treaties to which Ukraine is party include the
United Nations Convention on Recognition and Enforcement of
Foreign Arbitral Awards dated 10 June 1958 (“the New York
Convention”), the European Convention on International Commercial
Arbitration dated 21 April 1961 (“the European Convention”), and

UKRAINE
I. INTRODUCTION: ARBITRATION IN UKRAINE –
HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
2. Current law
a) Domestic arbitration law
b) International arbitration law
3. Law reform projects
4. Confidentiality of publication of awards
a) Privacy of proceedings
b) Publication of awards
B. Arbitration Infrastructure and Practice in Ukraine
1. Major arbitration institutions
2. Number of cases and other statistics
3. Development of arbitration compared with
litigation
II. CURRENT LAW AND PRACTICE
A. Arbitration Agreement
1. Types and validity of agreement
a) Clauses and submission agreements
b) Minimum essential content
c) Form requirements
d) Incorporation by reference
e) Interpretation
2. Enforcing arbitration agreements
a) Declaratory actions in court
b) Applications to compel or stay arbitration
3. Effects on third parties
a) Extension of the agreement over third parties
4. Termination and breach
B. Doctrine of Separability
1. Statutory provisions
2. Practice and case law
C. Jurisdiction
1. Competence-competence
2. Interaction of national courts and tribunals
D. Arbitrability
1. Applicable law
2. Subjective arbitrability
a) Natural persons
b) Legal persons
c) States and state entities
3. Objective arbitrability
a) Examples of restrictions to objective
arbitrability at law
E. Arbitral Tribunal
1. Status and qualifications of arbitrators
a) Number of arbitrators
b) Legal status
c) Qualifications and accreditation requirements
2. Appointment of arbitrators
a) Methods of appointment
b) Appointing authorities
c) Payment agreements
d) Resignation and its consequences
3. Challenge and removal
a) Grounds for challenge
b) Procedure for challenge
c) Replacement of arbitrators
4. Arbitrator liability and immunity
F. Conducting the Arbitration
1. Law governing procedure
a) Notion and role of seat of arbitration
b) Methods for selection of seat absent party
choice
2. Conduct of arbitration
a) Basic procedural principles
b) Party autonomy and arbitrators’ power to
determine procedure
c) Style and characteristics of the oral hearing
d) Documents only arbitrations
e) Submissions and notifications
f) Deadlines and methods for their extension
g) Legal representation
h) Default proceedings
3. Taking of evidence
a) Admissibility
b) Burden of proof
c) Standards of proof
d) Documentary evidence and privilege
e) Production of documents
f) Witnesses
g) Tribunal-appointed experts
h) Party-appointed experts
i) Other expert related issues
4. Interim measures of protection
a) Jurisdiction for granting interim measures
b) Availability of preliminary or ex parte orders
c) Types of measures
d) Enforcement mechanisms
5. Interaction between national courts and
tribunals
6. Multiparty, multi-action and multi-contract
arbitration
7. Law and rules of law applicable to the merits
a) Party autonomy
b) Determination by arbitrators
c) Non-national substantive rules, general principles
of law and transnational rules
8. Costs
a) Arbitration costs
b) Legal costs
G. Arbitration Award
1. Types of award
a) Partial awards
b) Final awards
c) Interim awards
d) Consent awards
e) Default awards
f) Awards and other decisions
2. Form requirements
a) Essential content
b) Reasons
c) Time limits for making award
d) Notification to parties and registration
3. Decision making
a) Deliberations
b) Majority or consensus?
c) Dissenting and concurring opinions
d) Signature
4. Settlement
a) Settlement recorded in an award
b) Settlement without an award
5. Correction, supplementation and amendment
a) Correcting the award
b) Additional award
c) Interpretation of award
H. Challenge and Other Actions against the Award
1. Setting aside
a) Grounds
b) Time limits
c) Procedure
d) Limiting judicial review of awards by contract
e) Effects of successful challenge
2. Appeal on the merits
a) Is it allowed?
b) Excluding the right to appeal by agreement
III. RECOGNITION AND ENFORCEMENT OF AWARDS
A. Domestic Awards
B. Foreign Awards
1. Various regulatory regimes
a) Domestic rules
b) New York Convention
c) Other international conventions
2. Application of New York Convention by local
courts
3. Interim measures at the enforcement stage
IV. APPENDICES AND RELEVANT INSTRUMENTS
A. National Legislation (See CD-ROM)
B. Major Arbitration Institutions
C. Cases
D. Bibliography

Ukraine - National Report - World Arbitration Reporter (WAR) - 2nd Edition