Media – UMAC

18/02/2022

The General Meeting of the ICAC and the UMAC Arbitrators at the Ukrainian Chamber of Commerce and Industry of Ukraine: the results for 2021 and the goals for 2022

On 18 February 2022, the International Commercial Arbitration Court (the ICAC) and the Maritime Arbitration Commission (the UMAC) at the Ukrainian Chamber of Commerce and Industry of Ukraine held the General Meeting of Arbitrators both online and off-line, attended by over 50 arbitrators from Ukraine, Poland, Latvia, Estonia, Belarus, Canada, Great Britain, Germany, the Netherlands, and China. In particular, the participants were pleased to welcome in person two foreign arbitrators: Włodzimierz Brych (Poland) and Alexander Belohlavek (Czech Republic). The event was moderated by the ICAC arbitrator Tatyana Slipachuk.

In his opening speech, the President of the Chamber of Commerce and Industry of Ukraine Gennadiy Chyzhykov said that the Chamber of Commerce and Industry of Ukraine and the Ukrainian business were proud of the ICAC results in 2021. “The ICAC is an independent institution, and this is a matter of principle. The national arbitration forms Ukraine’s image in the world,” the speaker added. According to the Mr. Chyzhykov, the ICAC is known and valued as an institution that operates in accordance with the highest international standards. The efficiency of the institution’s work is also recognized by the most reputed international publication in the field of arbitration The Global Arbitration Review, which for the first time included the ICAC in the list of arbitration institutions worth a closer look in Eastern Europe.

“This is a special year for us as we are celebrating the 30th anniversary of the ICAC. This year will be dedicated to the development of arbitration in Ukraine, and the task of the Chamber of Commerce and Industry of Ukraine is to increase the number of businesses that engage in foreign economic activities and include an ICAC arbitration clause into their international contracts” – said Gennadiy Chyzhykov.

The head of the ICAC and the UMAC Mykola Selivon devoted his report to the results of 2021, and also outlined the directions of future focus for the arbitrators and the Secretariat. Speaking about the trends in arbitration development, Mr. Selivon noted: “For the second consecutive year, international arbitration is functioning under the constraints of the pandemic. During this time, the ICAC has adapted its processes to the new realities. In 2021, nearly half of all cases were heard online, which increased the number of foreign arbitrators on the arbitral tribunal and allowed the parties to save on arbitration costs”.

According to Mykola Selivon, last year the ICAC actively cooperated with the state authorities, in particular, relating to the legal regulation of international investment arbitration, amendments to the Law of Ukraine “On International Commercial Arbitration”, preparation of the draft law “On Mediation” and proposals on ratification of the UN Convention on International Settlement Agreements Resulting from Mediation.

Mykola Selivon outlined the priority tasks of the ICAC for 2022 including:

Developing an additional set of amendments to the ICAC Rules in the light of the further digitalization of the arbitration process and the adoption of the Law of Ukraine “On Mediation” dated 15 December 2021.
Expansion of the line of dispute resolution services through the introduction of mediation and hybrid procedures “Med-Arb” and “Arb-Med-Arb”.
Improvement of the arbitration of disputes using the best arbitration practices, including relating to the procedure for the composition of an arbitral tribunal for a particular case.
Development of recommendations on the feasibility of designing the ICAC Rules on specific types of disputes, including investment disputes.
Improving the cooperation of the arbitral tribunals and arbitrators on reaching a common position in the dispute resolution.
Reducing the terms and increasing the efficiency of arbitration proceedings involving foreign arbitrators.
Development of a unified form of an arbitral award taking into account the specifics of disputes submitted for consideration by the ICAC and the UMAC.

The ICAC Vice President, Inna Yemelyanova, in her report focused on the practice of reimbursement of legal costs to the parties. The speaker noted that the analysis of the arbitration practice of the ICAC showed the use of respectful, reasonable and well-grounded approaches in deciding the issue of legal costs reimbursement. At the same time, there was a need for the Presidium of the ICAC to prepare recommendations on the practical application of the criteria legal costs reimbursement, specified in the Provision on Arbitration Fees and Legal Costs. “The arbitration court is obliged to evaluate the volume of legal costs subject to reimbursement by the other party based solely on whether such costs were actually incurred and reasonable”, – said Ms. Inna Yemelyanova.

The speaker also stated that there had been frequent claims for recovery of “success fee”, commonly charged by lawyers. In international arbitration practice, this issue is one of the most controversial among all other aspects of reimbursement of costs incurred by the parties. At the same time, the ICAC Vice President noted that a party had the right to “pay extra for the success” to its lawyers, but such extra payments should not be made at the expense of the party that lost the case. And the “success fee” obligation is binding only for the party of the arbitration proceedings and its lawyers.

The issue provoked a lively discussion among the arbitrators; Liudmyla Vynokurova, Tatiana Zakharchenko, Petro Krupko, Oleg Podtserkovnyi, Yuliya Atamanova, Vladimir Krokhmal and Markian Malskyy shared their thoughts with the colleagues. The ICAC arbitrator Valentina Sourjikova-Giebner described the experience and approaches of both state courts and arbitral institutions of Germany to the reimbursement of legal costs.

Commenting on the prospect of expanding the ICAC line of services, Inna Yemelyanova, who is also responsible for drafting the Rules on mediation and the Procedure on Mediation Fees and Costs, stressed two important points. Firstly, it is necessary to implement both pure mediation and at the same time hybrid procedures “Med-Arb” and “Arb-Med-Arb”, which will also result in amending the ICAC Rules. Secondly, there is a discussion about the methodology of introducing investment dispute resolution to the ICAC, including the feasibility of developing separate Rules for Investment dispute arbitration.

ICAC arbitrator Tatyana Slipachuk in her speech said that in the near future the draft guidelines for online hearings would be presented for discussion, which were prepared taking into account the experience of online hearings in years 2020-2021. The draft guidelines will regulate a number of practical issues, from scheduling hearings and arranging for individual online accounts, regulating access to documents, recommendations to the parties on the organization of the online hearings, including the dress code of the hearings’ participants, to the rules of switching on/off the microphone and camera, continuity of presence at online hearings, etc.

Expressing gratitude to the world arbitration community for their unprecedented support of Ukraine, its national identity and independence at a times of a highly sensitive geopolitical situation around, Mykola Selivon, on behalf of Włodzimierz Brych, presented a joint letter from two Polish arbitration institutions proposing the opening of the ICAC branch in Poland. “This demonstrates that the international arbitration community expresses continuous and impressive support of Ukraine”, – said Selivon.

Comparative table of changes in the Rules of the Ukrainian Maritime Arbitration Commission (the ICAC)

On 17 September 2020 on the request of the Presidiums of the ICAC and the UMAC at the UCCI, the Presidium of the UCCI approved the amendments to the Rules of the ICAC and the UMAC, coming into force on 1 November 2020. The Rules will be applied to resolving commercial disputes registered at the ICAC and the UMAC after 1 November, 2020, and, upon the mutual consent of the parties, to all disputes being considered by the institutions before 1 November, 2020.

Comparative table is available in Ukrainian. English version is coming soon.

11/10/2019

VI INTERNATIONAL ARBITRATION READINGS IN MEMORY OF ACADEMICIAN IGOR POBIRCHENKO: EFFECTIVE MEDIATION (11.10.2019)

On 10-11 October 2019, the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC) held the largest event in the field of arbitration – VI International Arbitration Readings in memory of Academician Igor Pobirchenko (Readings).

The second day was focused on MEDIATION, as a method of alternative dispute resolution, which gains popularity.

VI International Arbitration Readings in memory of Academician Igor Pobirchenko gathered more than 220 participants from 10 countries: authorities; Ukrainian and international experts, arbitrators; businesses and academics, and became one of the most visited ICAC events in recent years.

This year’s Readings, due to a two-day format, allowed participants to form an objective view of the effectiveness of arbitration and mediation as the methods of dispute resolution. During the event, participants vigorously engaged in discussions, which confirmed the relevance of the selected topics and the importance of their consideration.

Date of the event: 11/10/2019

10/10/2019

VI INTERNATIONAL ARBITRATION READINGS IN MEMORY OF ACADEMICIAN IGOR POBIRCHENKO: EFFECTIVE ARBITRATION: WHAT DOES IT MEAN? (10.10.2019)

On 10-11 October 2019, the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC) and the Ukrainian Maritime Arbitration Commission (the UMAC) held the largest event in the field of arbitration – VI International Arbitration Readings in memory of Academician Igor Pobirchenko (Readings).

This year, on the first day of the Readings, 10 October, the delegates discussed the most recent legislation updates and new global arbitration trends relating to conference headline: “EFFECTIVE ARBITRATION: WHAT DOES IT MEAN?”

VI International Arbitration Readings in memory of Academician Igor Pobirchenko gathered more than 220 participants from 10 countries: authorities; Ukrainian and international experts, arbitrators; businesses and academics, and became one of the most visited ICAC events in recent years.

This year’s Readings, due to a two-day format, allowed participants to form an objective view of the effectiveness of arbitration and mediation as the methods of dispute resolution. During the event, participants vigorously engaged in discussions, which confirmed the relevance of the selected topics and the importance of their consideration.

Date of the event: 10/10/2019

16/08/2019

ICAC and UMAC officials highlighted the benefits of international arbitration for resolving trade shipping disputes

On 16 August, 2019, the historic first seminar on Resolving Shipping Disputes, organized jointly by the Transport Law Committee of the Ukrainian Bar Association, the Committee on Maritime Law of the Association of Advocates of Ukraine and the Committee on Transport Law of the Odesa Bar Council supported by the Ukrainian Bar Association in Odesa region, took place.

ICAC and UMAC officials Dariana Denysova, Deputy Secretary General of UMAC and Olga Kostyshyna, Advisor to the President of the ICAC and the UMAC, were invited as the seminar’s guest speakers.

Dariana Denysova spoke on the Procedural aspects of filing a claim and hearing a case at UMAC. She highlighted the principal stages of UMAC proceedings, focusing on the practicalities of filing a claim, the procedure for imposing the interim measures to secure the claim in the form of a vessel arrest, as well as on selected peculiarities of arbitration and the progressive novelties of the UMAC 2018 Rules. In particular Ms. Denysova noted the benefits of the UMAC jurisdiction, noting that the UMAC Rules provide opportunities to a wide range of entities for effective and timely protection of their interests.

Olga Kostyshyna, Advisor to the President of the ICAC and the UMAC, briefed the delegates on the topic “The application of the new arbitration legislation: theory and court practice”. Ms. Kostyshyna not only explained in detail the new procedure for the implementation of arbitration control and arbitration promotion functions of the state courts, but also offered examples of the application of new procedural mechanisms in court practice. Olga Kostyshyna noted that “The resolutions of the Supreme Court and general appellate courts on arbitration prove the support of international arbitration by Ukraine’s judicial branch.”

Artem Volkov, a UMAC arbitrator, the Head of Maritime Law Practice in ANK law firm, shared his experience of arbitrating cases involving maritime agents. Mr. Volkov advises to involve shipowners as third parties when arbitrating cases against maritime agents. Shipowners are the ultimate payers of port dues and other service charges for treating ships at the port. In addition, he emphasized the procedure of notifying the shipowner of the time, date and place of the hearing, subject to the requirements of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters , dated 1965, and the Instructions on the Execution of International Treaties on Legal Assistance in Civil Cases on Servicing Documents, Collecting Evidence, Recognizing and Enforcing Court Decisions, approved by the order of the Ministry of Justice of Ukraine No. 1092/5/54 dated 27 June, 2008. Artem Volkov also advised to involve maritime agents when the currency of the collection is hryvnia to support more efficient execution of the arbitral award.

Other speakers of the seminar included:

Alexey Remeslo, an associate partner of Interlegal Law Firm, who spoke on the sanctions imposed in the Black Sea region and their impact on shipping;

Serhiy Serheyev, Chairman of the Maritime Law Committee of the Ukrainian Bar Association, Managing Partner of The Serheyevs Bureau Law Firm, who discussed disputes among ship crew, shipowners, and reciprocal insurance clubs”;

Danil Hristich, senior Associate at Legrant Law Firm, presented on the peculiarities and features of GAFTA Arbitration; and

Andrii Mashchenko, Managing Partner of MBLS Law Firm, who touched upon the practical nuances of debt collection from shipping companies.

The event was moderated by Yuriy Serheyev, the Chairman of the UBA Maritime Law Committee, Managing Partner of The Serheyevs Bureau Law Firm and Arthur Nitsevych, Chairman of the Maritime and Transport Law Committee of the Ukrainian Bar Association in Odesa Region, Partner of Interlegal Law Firm.

Taking into account the considerable interest of the regional legal community to the seminar, which was attended by approximately 50 delegates, the organizers decided to establish a tradition of seminars on the topical issues in the field of trade shipping.

Date of the event: 16/08/2019

05/10/2018

Enforcement – Case Law Updates and Practice from Selected Civil and Common Law Jurisdictions

On 5 October 2018, a special discussion on the implementation of arbitral awards from selected civil and common law jurisdictions was held within the V International Arbitration Readings in memory of Academician Igor Pobirchenko. The main topics of the event were: third party funding, recognition and enforcement of the arbitral awards in different countries, succession in arbitration and sanctions for non-compliance with the New York Convention.

Key speakers:

Olga Kostyshyna, Advisor to the ICAC President
Zoia Lytvynenko, Secretary General of the ICAC
Yaroslav Petrov, Partner at Asters
Camilla Gambarini, Associate at Withersworldwide
Gene M. Burd, Partner at Arnall Golden Gregory Law
Petro Krupko, Vice President of the Maritime Arbitration Commission at the UCCI, ICAC Arbitrator
Zannis Mavrogordato, Barrister at 20 Essex Street

A moderator of the meeting, Olga Kostyshyna, pointed the practical importance of such events: “We are pleased to welcome you at the event, organized by the ICAC and the LCIA YIAG with the assistance of Withersworldwide Law Firm, continuing the V International Arbitration Readings in memory of Academician Igor Pobichenko devoted to the 60^thanniversary of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. We have discussed lots of theoretical issues at the conference, so today our colleagues from the United Kingdom, USA and Ukraine are going to focus on the practical issues of recognition and enforcement of arbitral awards as well as on new ongoing arbitration procedures”.

Gene Burd in his report on the impact of third-party funding on enforcement of awards in the United States shared three important advice with the attendees: “Firstly, consider from the get-go whether there is a potential for the award to be enforced in the United States; secondly, make sure that funding agreement provides for adequate protection of confidential and privileged information; and thirdly, make sure that the funder’s control over the litigation is limited to reduce the risks of champerty and maintenance prohibition as well as ethical pitfalls”.

Zoia Lytvynenko commented on the advantages and disadvantages of the third-party funding according to the ICAC practice and said that: “the ICAC users have already been successfully using this mechanism of arbitration costs financing. Thus, only in 2017 the arbitration fee in more than 10 cases was paid by the third parties, and as of October 2018, the number of such cases is 5. The ICAC Secretariat has gained the relevant experience in administration of such cases, in particular, we request the confirmation of justification of such payments; the information about the third party, which finance the arbitration proceedings. This information is transferred to the composition of the Arbitral Tribunal to check potential conflicts of interest, etc.”.

Camilla Gambarini suggested an action plan to recognize and enforce an arbitral award in the United Kingdom: “First of all, an application without full disclosure of all material facts should be made; than an arbitration claim form supported by evidence (witness statement) is issued. The next step is to provide all the required documents: a duly authenticated original award/certified copy; original arbitration agreement/certified copy; and a translation of the award certified by an official sworn translator or by a diplomatic or consular agent. Once the order to enforce is made the authorities begin to consider it and the respondent gets a limited amount of time to apply to the court to set aside the court’s order. If the arbitral award isn’t set aside, it can be enforced immediately”.

In addition to the enforcement of arbitral awards in different countries, Yaroslav Petrovmentioned the steps of voluntary enforcement of the ICAC awards in the arbitration institutions of the world on the example of LCIA: “1^ststep: preparation of all documents and submission of the application by the debtor; 2^ndstep: consideration of the application by the arbitral tribunal for 10 days; 3^rdstep: receiving a court order to recognize and enforce the arbitral award; 4^thstep: filling an application by the payee to issue an executive letter; 5^thstep: (in case of payment of foreign currency debt): purchase of currency; 6^thstep: transfer of funds by the debtor in favor of the creditor”.

Zannis Mavrogordato told about the sanctions for non-compliance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: “As for today we have an absence of a dispute resolution provision in the Convention, Contracting States’ good faith obligation to comply with the Convention under international law. But it’s important to mention the role of national courts in interpreting the Convention, and the use of investment treaties as a means of sanctioning a State’s delay or failure to enforce a Convention award”.

In conclusion, Petro Krupko touched the issues of succession in arbitration and the practice of resolving them in the ICAC. He noted: “If the replacement of the party in the obligation is made, the question of the binding of arbitration agreement for a new participant (non-signatory) is the question of the amount of rights transferred to this person. The answer should be found in the agreement between the parties: the main agreement and the assignment of the right to claim (the transfer of debt) as well as in the substantive law applicable to the relevant legal relationships. Arbitration agreement as a special procedural legal instrument, which is intended to serve the relations arising out of the main contract, does not depend on these relations but always has a link to them, including in case of a replacement of the party in the obligation. According to Article 514 of the Civil Code of Ukraine, the right to sue for the protection of an infringed right is an integral part of the content of the claim right transferred to a new creditor unless the parties have agreed otherwise. This rule does not apply in cases determined by law”.

Hosted by: Young International Arbitration Group at London Court of International Arbitration, International Commercial Arbitration Court at the UCCI with the assistance of Withersworldwide Law Firm.

Date of the event: 05/10/2018

04/10/2018

New York Convention on The Recognition and Enforcement of Foreign Arbitral Awards: a 60-Year Story of Success

On 4 October 2018, one of the most important events in the field of international commercial arbitration – V International Arbitration Readings in memory of Academician Igor Pobirchenko – was held. This year the Readings were devoted to the 60th anniversary of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The event was organized by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry under auspices of the United Nations Commission on International Trade Law.

This year Readings have brought together more than 200 participants from various sectors: lawyers, arbitrators, judges, business representatives, scientists.

A welcoming speech at the opening of the anniversary Readings was delivered by:

Valentyna Danishevska, Head of Supreme Court
Oleksiy Filatov, Deputy Head at Presidential Administration of Ukraine, Coordinator at Judicial Reform Council
Jose Angelo Estrella-Faria, Senior Legal Officer at UNCITRAL Secretariat, Former Secretary-General at UNIDROIT
Gennadiy Chyzhykov, President of the Ukrainian Chamber of Commerce and Industry
Mykola Selivon, President of the ICAC

President of the ICAC Mykola Selivon, told that the New York Convention of 1958 is the foundation for the development of international commercial arbitration in the world, and also noted the factors that increase the importance of the Readings: “Firstly, the procedural law reform and institutional judicial reform. The renewed Supreme Court and the judicial system, as well as the new procedural legislation with the revolutionary approach to the international commercial arbitration, are now operating for about a year. Secondly, this year we celebrate the 60th anniversary of the New York Convention and it is important to underline the future of this international treaty. Thirdly, about 20% of the Readings participants are the judges of various courts, which is very important, since they carry out the functions stipulated by the convention, ensuring the enforcement of arbitral awards. And lastly, this year the remarkable arbitration expert, who created the ICAC and the MAC at the UCCI, Igor Pobirchenko, would’ve been 95 years”.

Head of Supreme Court, Valentyna Danishevska, mentioned some decisions of the Supreme Court on the recognition and enforcement of arbitral awards, and focused on the popularity of international commercial arbitration in the world: “In some countries the status of an arbitration as an alternative method of dispute resolution started changing from being alternative to becoming the main one and the state courts have already less influence on the formation of law than arbitrations. But the main thing is not who forms the law, but how it is formed. Nowadays are the best for the development of arbitration and the Supreme Court will support the development of not only the international commercial arbitration court but the other alternative methods of dispute resolution, because the entire judicial system is facing a great challenge to significantly improve judicial proceedings in Ukraine, as well as regain authority of judicial system”.

Deputy Head at Presidential Administration of Ukraine, Coordinator at Judicial Reform Council, Oleksiy Filatov, noted the strong support of international commercial arbitration in the new procedural legislation: “The legislation of Ukraine is now comparable to the legislation of the friendly countries in its approach to the international commercial arbitration, considering the articles which support international commercial arbitration, enhance the efficiency of the recognition of international arbitral awards, and protect the mechanisms of the enforcement of the arbitration agreements and clauses. The renewed Supreme Court is forming a new judicial practice and institutional conditions on international commercial arbitration awards”.

President of the Ukrainian Chamber of Commerce and Industry, Gennadiy Chyzhykov, continued the idea of pro-arbitration state policy: “Popularization of national arbitration institutions should be one of the core vectors of state policy. It is necessary to inform both the business and the international community that our arbitration legislation is now one of the newest. Ukraine is among the world pro-arbitration jurisdictions. Only the common actions of the arbitration community, the judiciary and the government authorities will lead to an efficient implementation of pro-arbitration policy”.

Special Guest of the Readings, Senior Legal Officer at UNCITRAL Secretariat, Former Secretary-General at UNIDROIT, Jose Angelo Estrella-Faria, is convinced that the New York Convention is the most successful treaty in the field of international commercial arbitration: “The New York Convention is a key element in promoting confidence in international trade investments and an indispensable tool for the efficient resolution of international commercial disputes. The convention was not developed to displace state courts or take commercial cases away from the domestic courts. The convention was elaborated to provide a mechanism that hasn’t existed before”.

The speakers noted that the success of the judicial reform and renewed procedural legislation would not have been possible without the participation of the ICAC representatives and their desire to strengthen the country’s pro-arbitration climate, in particular, by adopting the new Rules of the ICAC.

The welcoming part of the event ended with the signing of a Memorandum on Cooperation between the National School of Judges of Ukraine and the ICAC, which was signed by President of the ICAC Mykola Selivon and Vice-Chancellor on judiciary personnel training of the National School of Judges Anatoly Kostenko.

The first session of the Readings was devoted to the New York Convention, as an effective multilateral instrument in the field of international commercial arbitration.

The speakers of the session were:

Jose Angelo Estrella-Faria, Senior Legal Officer at UNCITRAL Secretariat, Former Secretary-General at UNIDROIT
Domenico Di Pietro, International Arbitration Professional at Bryan Cave Leighton Paisner Law Firm
Alexandre Khrapoutski, ICAC Arbitrator, Partner Sysouev at Bondar, Khrapoutski Law Firm JSC

The session was moderated by Ergun Оzsunay, Professor of Civil Law at Istanbul University.

The speakers agreed that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is the most important document used by institutions from more than 150 countries of the world, but some articles should be revised to conform the latest requests of the arbitration community.

The topic of the second session of the Readings was: “The Arbitration Agreement in the Context of the New York Convention”.

The speakers of the session were:

Olga Kostyshyna, Advisor to the ICAC President
Gennadii Tsirat, Partner at JURVNESHSERVICE Law Firm
Kostynatyn Pilkov, Justice at Supreme Court of Ukraine
Gene M. Burd, Partner at Arnall Golden Gregory Law Firm
Oleksander Droug, Partner at Sayenko Kharenko Law Firm

The session was moderated by President of the ICAC, Mykola Selivon.

The second session united the opinions of not only the arbitration experts who make the arbitral awards, but the representatives of the judiciary who ensure the enforcement of these decisions. The speakers highlighted issues related to the arbitration agreement, in particular its validity, in the context of the New York Convention.

The third session of the Readings – Recognition and enforcement of arbitral awards: from theory to practice – brought together the following speakers:

Pavlo Byelousov, ICAC Arbitrator, Counsel at Aequo Law Firm
Sergiy Gryshko, ICAC Arbitrator, Partner at Redcliffe Partners
Tony Cole, Independent Arbitrator and Adjudicator, Reader at Leicester Law School

The session was moderated by Piotr Nowaczyk, ICAC Arbitrator, Managing Partner at Piotr Nowaczyk Law Firm.

This session was practical, because the speakers focused on real cases which demonstrate the advantages and disadvantages of the New York Convention, the compliance of the updated procedural legislation of Ukraine with the New York Convention and the achievement of arbitrability balance under the New York Convention.

The final fourth session of the Readings was devoted to the experience in the application of the New York Convention around the world.

The session was attended by experts from different countries:

Ziedonis Udris, ICAC Arbitrator, Managing Partner at Skudra & Udris Attorneys at Law
Olena Perepelynska, Partner at Integrites Law Firm
Olena Stasyk, Associate at Curtis, Mallet-Prevost, Colt & Mosle Law Firm
Camila Gambarini, Lawyer at Withersworldwide Law Firm
Guangjun Zhou, ICAC Arbitrator, Managing Partner at XINDALI Law Firm
William Butler, ICAC Arbitrator, Professor of Dickinson School of Law Pennsylvania State University
Yaroslav Petrov, Partner at Asters Law Firm

The session was moderated by Valentina Sourjikova-Giebner, ICAC Arbitrator, Advocate at Harald Giebner & Coll. Law Firm.

The Readings participants were able to understand the advantages and disadvantages of the application of the New York Convention in the native countries of speakers – Belarus, Great Britain, China, Latvia, Germany, Poland, USA, Turkey, Ukraine, France. Each country faces both similar and completely different, inherent to a particular country, difficulties in enforcing arbitral awards.

For the first time, the representatives of business, attorneys and lawyers had an opportunity to participate in the individual meetings with the ICAC arbitrators in order to ask questions related to protecting the interests of foreign trade participants in arbitration as well as to attend a meeting with the Secretary General of the ICAC and Advisor to the ICAC President to discuss the new regulation application and litigation procedure to the ICAC.

It is important to note that one third of the Readings participants was representatives of the judiciary. This indicates the interest of the judiciary in arbitration and the strong cooperation of the ICAC with the judicial system of the country, because this cooperation helps to enhance and improve the implementation of arbitral awards by the Ukrainian courts.

The V International Arbitration Readings continued a good tradition of honoring the memory of the top-notch arbitration expert Igor Pobirchenko and strengthening the pro-arbitration climate of the state.

Date of the event: 04/10/2018

28/09/2018

First Maritime Arbitration Conference

Sorry, this entry is only available in Ukrainian and Russian.

Date of the event: 28/09/2018