International Arbitration in Ukraine and ICAC: Guide

This guide comprehensively explains how international commercial arbitration functions in Ukraine, particularly at the International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry. It is intended for foreign counsel, in-house lawyers, and arbitration professionals seeking detailed knowledge of procedures and risks associated with Ukraine-related arbitration.

Jurvneshservice offers end-to-end legal support in international commercial arbitration:

• Legal assessment of the dispute and parties’ 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/experts;
• Post-award review (correction, clarification, additional award);
• Assistance in set-aside and enforcement procedures in state courts.

Key Stats (ICAC 2024):

• >181 disputes considered;
• 61% resolved within 3 months;
• 57% of arbitrators – non-Ukrainians;
• 173 cases governed by Ukrainian law.

Procedure:

• Filing a written claim + $600 registration fee;
• Arbitration fee depends on claim size & number of arbitrators;
• Hearings conducted under ICAC Rules (flexible, streamlined);
• Arbitrators selected from ICAC List (Ukrainians or foreigners);
• Award is final and binding.

We recommend selecting a panel of three arbitrators to ensure neutrality and confidence in complex cases.

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: most effective and enforceable option.

We assist clients in choosing the correct venue and coordinating with local counsel where assets are located.

After the award is rendered:

• Error correction: arithmetic, typographical errors – 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 clients’ rights.

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:

1. Incapacity of a party or invalid arbitration agreement;
2. Improper notice or inability to present a case;
3. Decision beyond the scope of the arbitration agreement;
4. Tribunal composition or procedure not compliant with the agreement/law.

Court-established grounds:

1. Non-arbitrable dispute under Ukrainian law;
2. The award contradicts Ukrainian public policy.

An application must be submitted to the Kyiv Court of Appeal within 3 months.

Gennadii Tsirat (Doctor of Law)

1. Represented clients in recognition of awards in Austria, Cyprus, Belgium, Russia;
2. Expert in recognition & enforcement procedures;
3. Provided legal opinions on arbitrability and public policy.

Anna Tsirat (Doctor of Law)

1. Represented claimants and defendants in different arbitration institutions, including  ICAC;
2. Expert in recognition & enforcement procedures outside of Ukraine;
3. Provided expert opinions in proceedings at PCA (The Hague) and SCC (Stockholm).

Email: kyiv@jvs.law
phone: +38 (067) 465-77-73