~ 10 min read · Updated August 2026
This guide explains how international commercial arbitration works in Ukraine, particularly at the International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry. Two things frame everything below. First, since 21 May 2026 the competence of arbitration in Ukraine has been materially widened, and the change reaches clauses signed before it. Second, in 2025 53.4% of ICAC cases finished within three months — but a party that misses the three-month set-aside window loses its challenge to the award forever. The guide is written for foreign counsel and in-house lawyers who need the procedures, costs and risks of Ukraine-related arbitration in practical terms.
Contents
What the Law of 28 April 2026 Changed
The most important thing in this guide happened recently. On 28 April 2026 the Verkhovna Rada adopted Law No. 4856-IX “On Amendments to Certain Laws of Ukraine on Expanding the Competence of International Arbitration”, in force from 21 May 2026. It is the largest change to Ukraine’s arbitration statute since 2020 — and it does not apply only to contracts signed after it.
1. A wider internationality test. Previously a dispute could go to arbitration essentially where the place of business of at least one party was abroad. Under the new wording of art. 1(2) of the Law it is now also enough that the parties expressly agreed that the subject matter of the arbitration agreement relates to more than one State, or that one of the following lies outside the State where the parties have their places of business: the place of arbitration, the place where a substantial part of the obligations is to be performed, or the place with which the subject matter of the dispute is most closely connected. This is UNCITRAL Model Law language, and it materially widens the range of contracts that can reach the ICAC at all.
2. Investment disputes, expressly within scope. The Law now provides that arbitration also hears disputes involving an investor (or other participant in investment activity) and the State, its bodies and institutions, or an intergovernmental organisation, in connection with investment activity in Ukraine or another State, where referred under an international treaty, a Ukrainian statute, another regulation, or the parties’ agreement. A mirror provision was inserted into the Regulation on the ICAC.
3. Bond-related disputes. Separately added: disputes between the administrator of a bond issue acting for bondholders and the issuer and/or the persons providing security, where at least one party is an enterprise with foreign investment.
4. Who appoints arbitrators and decides challenges. For ad hoc arbitration these functions remain with the President of the Ukrainian Chamber of Commerce and Industry. For permanent arbitral institutions they now sit with the body designated by that institution’s own rules (new wording of art. 6(1)). The same bodies decide challenges to arbitrators under art. 13(3) and termination of mandate under art. 14 — and their decisions are not subject to appeal.
Why this reaches contracts already signed
Paragraph 2 of the Final Provisions of Law No. 4856-IX says it directly: the amendments on expanding the competence of arbitration also apply to arbitration agreements concluded before the Law entered into force. Your existing clause may therefore be broader than it was on the day you signed it, without either party doing anything. That is worth checking before a dispute arises rather than after.
There is a policy direction visible in the same provisions: the Cabinet of Ministers is instructed to provide for the ICAC as one of the options for investor–State dispute settlement in new and revised bilateral investment treaties and in free trade agreements containing investment protection chapters, and to recommend that State-managed enterprises refer to national permanent arbitral institutions in their foreign trade contracts and in public–private partnership projects.
Scope of JVS Law Arbitration Legal Services
JVS Law (Jurvneshservice) offers end-to-end legal support in international commercial arbitration:
- Legal assessment of the dispute and partiesʼ positions;
- Collecting evidence and preparing legal arguments;
- Drafting and submitting the request for arbitration to the designated arbitral institution;
- Nomination of arbitrators and coordination of the Procedural Schedule;
- Preparation of responses, rejoinders, procedural petitions and expert opinions;
- Participation in oral hearings and examination of witnesses and experts;
- Post-award review (correction, clarification, additional award);
- Assistance in set-aside and enforcement procedures in state courts.
Dispute Resolution at ICAC
- 304 cases accepted, 296 resolved (plus two mediation cases);
- 53.4% of cases resolved within three months, 90.5% within six months of the tribunal being constituted;
- 90.2% heard by a sole arbitrator, 9.8% by a three-member tribunal;
- 76.6% of cases arose from contracts concluded during the war years;
- 73 cases (24%) with amounts in dispute between USD 1 million and USD 50 million;
- recommended list of 114 arbitrators from 38 countries, 61% of them foreign;
- languages of the proceedings: Ukrainian 214 cases, Russian 56, English 34, Polish 2 (ten cases ran in two languages);
- governing law applied in 2025: Ukraine, England, Türkiye, China, Chile, and the 1980 Vienna Convention on Contracts for the International Sale of Goods.
For comparison, the ICAC resolved 440 cases in 2024 and 407 in 2023. The institution attributes the 2025 decline to reduced business activity under prolonged martial law; arbitration fee income in 2025 was nonetheless higher than in 2024 and 2.5 times the pre-war 2021 level.
Procedure:
- Filing a written claim plus a $600 registration fee;
- Arbitration fee depends on the claim size and the number of arbitrators;
- Hearings conducted under the ICAC Rules (flexible, streamlined);
- Arbitrators selected from the ICAC List (Ukrainians or foreigners);
- The award is final and binding.
We recommend selecting a panel of three arbitrators to ensure neutrality and confidence in complex cases.
Choosing the Venue: ICAC, Ad Hoc or a Foreign Institution
For a dispute with a Ukrainian counterparty, the arbitration clause usually comes down to three options — and the right choice depends on the contract value, the counterparty and where the assets are:
| Criterion | ICAC (Kyiv) | Ad hoc (UNCITRAL) | Foreign institution (SCC, VIAC, LCIA) |
|---|---|---|---|
| Administration | Full institutional administration under the ICAC Rules | Parties and the tribunal administer the case themselves | Full institutional administration |
| Cost level | Moderate; fixed fee scale with a public calculator | No institutional fee, but a higher coordination burden on the parties | Generally the highest fee scales |
| Speed | 61% of cases resolved within 3 months (2024) | Depends entirely on the partiesʼ cooperation | Varies; often longer for comparable claims |
| Recognition in Ukraine | Streamlined — the seat is in Ukraine | Via the New York Convention 1958 if seated abroad | Via the New York Convention 1958 |
There is no universally right answer. We draft and review arbitration clauses as part of our contract work — the clause is cheapest to fix before signing.
Interim Measures: Options and Risks
While international arbitration allows for interim relief, enforceability is often problematic:
- Emergency arbitrator: useful but limited enforceability;
- Tribunal measures: available only post-constitution (delayed);
- Court measures: the most effective and enforceable option.
We assist clients in choosing the correct venue and coordinating with local counsel where assets are located.
Post-Award Remedies
After the award is rendered:
- Error correction: arithmetic and typographical errors are correctable within 30 days upon request;
- Additional award: issued for omitted claims if requested timely;
- Clarifications: arbitrators may clarify ambiguities upon request.
Our lawyers handle communication and filings during the post-award window to preserve clientsʼ rights. Where the award must be enforced outside Ukraine, see our practice on the enforcement of ICAC awards abroad.
Setting Aside ICAC Awards in Ukraine
Grounds for set-aside are listed in Art. 34 of the Law on International Commercial Arbitration and Art. 459 of the Civil Procedure Code. They include:
Party-established grounds:
- Incapacity of a party or invalid arbitration agreement;
- Improper notice or inability to present a case;
- Decision beyond the scope of the arbitration agreement;
- Tribunal composition or procedure not compliant with the agreement or the law.
Court-established grounds:
- Non-arbitrable dispute under Ukrainian law;
- The award contradicts Ukrainian public policy.
Where and when to file
The application goes to the appellate general court at the seat of the arbitration — art. 454(4) of the Civil Procedure Code and art. 6(2) of the Law; for the ICAC that is the Kyiv Court of Appeal. The time limit is three months from the day the party received the award, or, where a request under art. 33 of the Law was made (correction, interpretation, additional award), from the day that request was decided. Do not confuse this with awards of domestic arbitration tribunals: there the Code allows ninety days and a different route.
How many awards are actually set aside. “Final and binding” is true but not absolute, and the 2025 figures are worth knowing before you choose a forum. According to the ICAC report, of the 296 cases resolved that year 39 applications to set aside were filed (13.2%) and 11 awards were set aside (3.7%). A year earlier the picture was noticeably calmer: 26 applications (5.9%) and one award set aside (0.2%) out of 440 cases; in 2023, 24 applications (5.9%) out of 407.
In other words, the share of challenged awards more than doubled in a year, and the number actually set aside went from one to eleven. That is not a reason to avoid the ICAC, but it is a reason to treat the constitution of the tribunal, service of notices and the boundaries of the arbitration agreement as things a state court will later read.
Set-aside proceedings themselves move quickly in Ukraine: in 2025 the courts completed 78.6% of them (22 of 28) within six months, and the average period from the opening of proceedings to a final decision, including appeal, was 6.5 months. In seven of those twenty-eight cases no appeal was filed at all.
Notable Experience
Gennadii Tsirat (Doctor of Law)
International arbitration and cross-border litigation; author of Ukrainian monographs on international commercial arbitration and international civil procedure.
- Represented clients in recognition of awards in Austria, Cyprus, Belgium, Russia;
- Expert in recognition and enforcement procedures;
- Provided legal opinions on arbitrability and public policy.
Anna Tsirat (Doctor of Law)
Aviation finance and international dispute resolution; expert witness on Ukrainian law before the PCA (The Hague) and the High Court (London).
- Represented claimants and defendants in different arbitration institutions, including ICAC;
- Expert in recognition and enforcement procedures outside of Ukraine;
- Provided expert opinions in proceedings at the PCA (The Hague) and the SCC (Stockholm).
FAQ
How long does ICAC arbitration take?
In 2024, 61% of ICAC disputes were resolved within 3 months. Complex cases with a three-member tribunal may take longer, but ICAC remains one of the faster institutional venues for Ukraine-related disputes.
What does it cost to start ICAC arbitration?
Filing requires a written claim and a $600 registration fee. The arbitration fee is calculated from the amount in dispute and the number of arbitrators — use the official ICAC calculator for an estimate.
Can a foreign party appoint a foreign arbitrator?
Yes. Arbitrators are selected from the ICAC List, which includes both Ukrainian and foreign professionals — in 2024, 57% of acting arbitrators were non-Ukrainians.
Can an ICAC award be appealed?
No. The award is final and binding. The only recourse is a set-aside application on the limited grounds of Art. 34 of the Law on International Commercial Arbitration, filed with the Kyiv Court of Appeal within 3 months.
Are interim measures available in Ukraine-related arbitration?
Yes — through an emergency arbitrator, the tribunal once constituted, or state courts. In practice, court-ordered measures at the place where assets are located are the most enforceable option.
A dispute with a foreign counterparty, or a question about an arbitration clause?
We act in proceedings before the ICAC at the UCCI and foreign arbitral institutions, draft and review arbitration clauses, handle set-aside and enforcement proceedings in the state courts, and prepare Ukrainian law opinions for foreign tribunals. Send us the circumstances — we reply within one business day.
Gennadii Tsirat: profile and form →
Practice: International commercial arbitration · Enforcement of foreign arbitral awards
Updated 13 August 2026. The statutory changes are taken from Law of Ukraine No. 4856-IX of 28 April 2026 and the wording of the Law “On International Commercial Arbitration” in force from 21 May 2026; the grounds and time limit for setting aside from art. 34 of that Law and arts. 454 and 459 of the Civil Procedure Code; the statistics from the ICAC Activity Report for 2025. This guide replaced a separate article, “A Practical Guide to International Arbitration in Ukraine”, which duplicated its content. The ICAC Rules and fee scales change — check the current versions on the institution’s site before filing.