Practice Areas Dispute Resolution & Litigation in Ukraine International Commercial Arbitration

International Commercial Arbitration

International Commercial Arbitration

Legal Assistance in International Commercial Arbitration

International commercial arbitration is one of the most widely used mechanisms for resolving disputes in international trade. It allows companies to resolve disputes in a neutral forum before independent arbitrators and in accordance with internationally recognized arbitration standards.

Lawyers of Jurvneshservice have extensive experience in international commercial arbitration in Ukraine and abroad, providing representation in international arbitration for both claimants and respondents. Our practice covers disputes arising from international commercial contracts, supply agreements, financing arrangements, leasing transactions, and other cross-border business relationships.

Our lawyers regularly represent clients in arbitration proceedings conducted under the rules of leading international arbitration institutions, including:

  • International Court of Arbitration of the International Chamber of Commerce (ICC)
  • Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
  • Vienna International Arbitral Centre (VIAC)
  • International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC)
  • ad hoc arbitration tribunals.

We also advise clients on arbitration clauses in international contracts, the selection of arbitration institutions, procedural strategy, and the enforcement of arbitral awards in Ukraine and other jurisdictions.

For more information about arbitration proceedings in Ukraine, see our guide:
International Arbitration in Ukraine and ICAC: Guide.

Arbitration Institutions Where We Represent Clients

Arbitration Institution Seat of Arbitration Typical Disputes
International Court of Arbitration of the ICC Paris, France international commercial contracts, investment and construction disputes
Arbitration Institute of the Stockholm Chamber of Commerce (SCC) Stockholm, Sweden international trade, energy and supply contracts
Vienna International Arbitral Centre (VIAC) Vienna, Austria commercial disputes involving companies from Europe and CIS
International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC) Kyiv, Ukraine disputes involving Ukrainian companies and cross-border contracts
Ad hoc arbitration determined by the parties various international commercial disputes

Our Services in International Arbitration

Lawyers at Jurvneshservice provide comprehensive legal services related to international commercial arbitration and arbitration proceedings in Ukraine.

Our services include:

  • analysis of contracts, correspondence between parties and other dispute documents;
  • legal assessment of the dispute and prospects for debt recovery from Ukrainian companies;
  • preparation and filing a claim in international arbitration or submission of a statement of defense;
  • development of evidence strategy and legal arguments;
  • participation in the formation of the arbitral tribunal and selection of arbitrators;
  • preparation of procedural submissions, applications and motions;
  • representation at oral hearings in international arbitration;
  • preparation of post-hearing briefs and final submissions;
  • legal analysis of the arbitral award;
  • assistance with challenges or enforcement of arbitral awards.

We also coordinate with foreign legal counsel in arbitration proceedings conducted outside Ukraine.

How International Arbitration Proceedings Work

International arbitration proceedings typically consist of several key stages:

  1. Filing a claim in international arbitration.
  2. Formation of the arbitral tribunal.
  3. Exchange of written submissions between the parties.
  4. Oral hearings before the arbitral tribunal.
  5. Issuance of the arbitral award.

During arbitration proceedings, parties present evidence, develop legal arguments, engage witnesses and experts, and participate in hearings before the arbitral tribunal.

More details about the arbitration procedure are available in our article:
A Practical Guide to International Arbitration in Ukraine.

Interim Measures in International Arbitration

In many disputes, effective protection of a party’s rights requires obtaining interim measures in international arbitration.

Such measures may include:

  • freezing of assets of the respondent;
  • prohibition on transferring or disposing of property;
  • injunctions restricting certain actions;
  • other provisional measures aimed at securing the future enforcement of an arbitral award.

Interim measures may be obtained:

  • from an emergency arbitrator, where provided by the arbitration rules;
  • through state courts in the jurisdiction where the respondent’s assets are located.

Lawyers at Jurvneshservice assist clients in obtaining interim measures in Ukraine and other jurisdictions, coordinating with local counsel when necessary.

Oral Hearings and Evidence in International Arbitration

An important stage of arbitration proceedings is representation at oral hearings in international arbitration.

During hearings, the parties:

  • present legal arguments and factual positions;
  • explain documentary evidence;
  • examine and cross-examine witnesses;
  • question expert witnesses;
  • respond to questions from the arbitral tribunal.

Jurvneshservice lawyers prepare clients and witnesses for hearings, develop procedural strategies, and provide professional advocacy before arbitral tribunals.

Enforcement of Arbitral Awards

Arbitral awards are final and binding on the parties.

If an award is not voluntarily complied with, it may be enforced in Ukraine or other jurisdictions under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Jurvneshservice lawyers assist with:

  • legal review of arbitral awards;
  • preparation of documents for enforcement;
  • representation in enforcement proceedings of arbitral awards in Ukraine.

More information about enforcement procedures can be found in our guide:
Guide to the Enforcement of Foreign and Ukrainian Arbitral Awards in Ukraine.”

Discuss Your Dispute

If you are involved in an international commercial dispute or require legal assistance with international commercial arbitration in Ukraine or abroad, contact us to discuss your case.

Jurvneshservice lawyers will assess the prospects of your dispute, develop an effective arbitration strategy, and provide professional representation in international arbitration proceedings.

FAQ

What is international commercial arbitration?

International commercial arbitration is a method of resolving disputes between companies from different countries through independent arbitrators rather than state courts.

How do you file a claim in international arbitration?

Arbitration proceedings begin with filing a claim in international arbitration in accordance with the rules of the arbitration institution specified in the arbitration clause of the contract.

How long does international arbitration take?

The duration of arbitration proceedings depends on the complexity of the dispute but usually ranges from 6 to 24 months.

Can foreign arbitral awards be enforced in Ukraine?

Yes. Foreign arbitral awards can be recognized and enforced in Ukraine under the New York Convention.

Which is better for business: arbitration or court litigation?

The choice depends on the contract, jurisdiction, and nature of the dispute. See our article
International Arbitration vs Court: What’s Better for Business?

Key Experts:

Gennadii Tsirat a Doctor of Law, provides arbitration lawyer services in Ukraine. He represented the interests of many foreign companies in the recognition and enforcement of foreign arbitral awards in Ukraine. One of his recent cases is the case and the recognition and enforcement of the arbitration award of the International Arbitration Center at the Austrian Federal Chamber of Economics dated June 6, 2012, in case No. SCN-5039 in the lawsuit of Norbert Schaller Gesellschaft M.H.” (Austria) to the Public Joint-Stock Company First Investment Bank (Ukraine).

Gennady Tsirat also represented the interests of Ukrainian companies in the recognition and enforcement of the ICAC awards in Serbia, Belgium, Russia, and Cyprus.

Anna Tsirat , a Doctor of Law, specializes in arbitration and litigation, general aviation issues, and aircraft financing. Her last case in arbitration was in the aviation sphere, where Anna represented American company engaged in the recognition and enforcement of the ICAC decision made in favor of the American company Altum Air, Inc. against the Ukrainian airline WindRose.