International Commercial Arbitration in Ukraine

When a dispute arises from an international contract involving Ukraine, arbitration is usually the mechanism your agreement specifies — and the quality of your local counsel determines whether that mechanism actually works.

We act as local counsel and lead counsel in international arbitration proceedings involving Ukrainian parties, assets, and law.

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Why Arbitration in Ukraine Requires Specialist Counsel

Ukraine presents a specific combination of challenges in international arbitration: a civil law jurisdiction with its own procedural rules, currency controls, a distinct approach to interim measures, and a court system that — while generally pro-arbitration — requires precise navigation.

For international law firms and foreign clients, the critical question is not whether arbitration is available — but whether the award will be enforceable. We provide that assurance — as local counsel supporting international teams, or as lead counsel managing the full case from strategy to enforcement.

Our Services in International Commercial Arbitration

Representation in Arbitration Proceedings

Pre-arbitration merit analysis: claim assessment, enforceability prospects, and debtor asset availability
Drafting and filing requests for arbitration and statements of defense
Development of evidence strategy and legal arguments
Participation in formation of the arbitral tribunal and selection of arbitrators
Representation at oral hearings before the arbitral tribunal
Preparation of post-hearing briefs and final submissions

Local Counsel & Expert Witness Support

Procedural support in Ukraine for international law firms — without disrupting client relationships
Expert reports on Ukrainian law for arbitral tribunals and foreign courts
Coordination with foreign teams on multi-jurisdiction arbitration strategy
Ukrainian law opinions for international proceedings

Enforcement of Arbitral Awards

Legal analysis of awards and assessment of enforceability prospects
Recognition and enforcement of foreign awards in Ukraine under the New York Convention
Coordination of ICAC award enforcement abroad through our international partner network

Arbitration Institutions

ICAC at the Ukrainian Chamber of Commerce — disputes involving Ukrainian parties
ICC (Paris) — international commercial disputes
SCC (Stockholm) — disputes with CIS and European companies
VIAC (Vienna) — disputes with Central European partners
Ad hoc arbitration — under UNCITRAL Rules

How International Arbitration Works: Step by Step

Step 1 — Pre-Arbitration Assessment. Before filing, we analyze the contract, the arbitration clause, the merits of the claim, and the practical enforceability of a future award. This step prevents strategically flawed claims and identifies the most effective approach from the outset.

Step 2 — Filing the Request for Arbitration. We prepare and file the request for arbitration in accordance with the rules of the relevant institution — ICC, SCC, LCIA, VIAC, or ICAC. The request must meet specific formal requirements and establish jurisdiction clearly.

Step 3 — Formation of the Arbitral Tribunal. Parties participate in the selection or challenge of arbitrators. We advise on arbitrator profiles, conflicts, and strategic considerations in tribunal composition.

Step 4 — Written Phase: Submissions and Evidence. Parties exchange written submissions — memorials, counter-memorials, replies — supported by documentary evidence, witness statements, and expert reports. We develop the legal arguments and manage the evidentiary record.

Step 5 — Interim Measures. Where asset dissipation is a risk, we obtain interim measures — from an emergency arbitrator under institutional rules, or from Ukrainian courts in parallel. Timing is critical: interim measures are most effective at the earliest stages.

Step 6 — Oral Hearings. We represent clients at oral hearings, cross-examine witnesses and experts, and present legal arguments before the arbitral tribunal. We prepare clients and witnesses for examination.

Step 7 — Award and Enforcement. Once the award is issued, we advise on compliance, challenge, or enforcement. For awards against Ukrainian parties, we manage enforcement through Ukrainian courts. For ICAC awards against foreign debtors, we coordinate enforcement internationally under the New York Convention.

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

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Who We Work With

International law firms seeking experienced local counsel for the Ukrainian leg of arbitration proceedings — procedural compliance and Ukrainian law expertise
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Foreign companies in disputes with Ukrainian counterparties under ICC, SCC, LCIA, or VIAC rules
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Respondents who need to defend against claims in international arbitration or challenge awards on procedural grounds
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Creditors with ICAC or foreign arbitral awards who need to enforce them in Ukraine or abroad
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Companies at contract stage — arbitration clause review and institution selection before signing
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Key Experts

Anna Tsirat

Doctor of Laws, expert in international commercial arbitration, cross-border enforcement, and international contracts

Gennadii Tsirat

Doctor of Laws, expert in international commercial arbitration and dispute resolution

Kateryna Tsirat

Specialist in disputes and enforcement involving international contracts

Dmytro Salatiuk

Expert in litigation and enforcement in Ukraine

FAQ

What is international commercial arbitration?

It is a method of resolving disputes between companies from different countries through independent arbitrators, rather than state courts. The process is governed by the parties’ arbitration agreement and the rules of the chosen institution.

How do we file a claim in international arbitration?

Arbitration begins with a request for arbitration filed with the chosen institution — ICC, SCC, LCIA, VIAC, or ICAC — in accordance with that institution’s rules. The request must identify the parties, the dispute, the relief sought, and the basis for jurisdiction.

How long does international arbitration take?

Typically between 12 and 36 months for institutional arbitration, depending on complexity and the number of parties. Expedited procedures are available under most institutional rules for lower-value or less complex disputes.

Can foreign arbitral awards be enforced in Ukraine?

Yes. Ukraine recognizes and enforces foreign arbitral awards under the 1958 New York Convention. Enforcement is handled by the Kyiv Court of Appeal as the court of first instance.

Can interim measures be obtained before arbitration begins?

Yes. Most institutional rules provide for emergency arbitrator procedures. Ukrainian courts can also grant interim measures in support of foreign arbitration proceedings.

Is arbitration better than Ukrainian court litigation for international disputes?

For most cross-border disputes, yes — arbitration offers a neutral forum, confidentiality, finality, and an internationally enforceable award. Ukrainian courts are more appropriate where the debtor’s assets are in Ukraine and speed of interim measures is the priority.

Ready to assess your arbitration options?

We will review your contract, evaluate the arbitration clause, and advise on the most effective approach to your dispute.

📧 [email protected] 📞 +38 (093) 002-82-50

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