On 21 December 2022, the ICAC and the UMAC at the Ukrainian Chamber of Commerce and Industry (the UCCI) announced the expansion of their services with mediation and combined procedures Arbitration-Mediation-Arbitration and Mediation-Arbitration. Traditionally, the event was held in a hybrid format – live at the UCCI premises in Kyiv in compliance with the security requirements of the martial law and online. The event was attended by over 100 participants.
Mykola Selivon, President of the ICAC and the UMAC at the UCCI, opened the event with a welcome address. Mr. Selivon expressed hope that the expansion of the range of services would be positively received by the legal and business community. Mr. Selivon noted that the arbitration institutions will provide mediation services for all disputes, the mediability of which is defined in the Law of Ukraine “On Mediation”, while only disputes falling within the competence of the ICAC and the UMAC at the UCCI could be settled by means of combined procedures.
Inna Yemelianova, Deputy President of the ICAC and the UMAC at the UCCI, focused her presentation on the provision of plain mediation services as set forth by the Mediation Rules. The participants of the roundtable were informed about the grounds for submitting a dispute to mediation at the ICAC and the UMAC at the UCCI, the mechanism for initiating the mediation procedure, the powers of the parties to mediation relating to managing the process, the practicalities of mediation conduct (defining mediation rules, selecting the mediator, choosing the language of mediation, the place, format, duration of mediation, schedule of meetings with the mediator, etc), the grounds for terminating mediation proceedings.
Volodymyr Nagnybida, an arbitrator and a member of the ICAC Presidium, presented information on the combined procedures. In particular, the speaker emphasized that the combined dispute resolution procedures “Arbitration-Mediation-Arbitration” and “Mediation-Arbitration” will offer businesses more flexibility when choosing a dispute resolution mechanism, taking into account the specifics of the dispute, the complexity of the case, the timeframe and costs to the parties. In his presentation, he elaborated on the initiation of the dispute resolution procedure within the framework of combined procedures, the peculiarities of their conduct and various options for completion, depending on whether the dispute is settled, not settled or partially settled as a result of mediation. In this regard, attention was also focused on the restrictions for performing the functions of a mediator and an arbitrator in the same process for the same parties: in which cases the combination of roles is allowed and in which cases it is unacceptable. Mr. Nagnybida emphasized that within the framework of combined procedures it is possible to ensure the enforceability of agreements concluded as a result of mediation and make them binding through the enforcement mechanism existing for arbitral awards, namely through the expedited arbitration procedure and the procedure for issuing arbitral awards on agreed terms.
Olga Kostyshyna, Advisor to the President of International Commercial Arbitration Court, focused on the advantages of the ICAC at the UCCI for dispute resolution through mediation and combined procedures. The speaker emphasized the powers of the parties to control the timeframe of dispute settlement and related costs, discounted fees to be applied to dispute resolution through combined procedures, as well as about the pricing policy of the ICAC in general.
Olga Kostyshyna stressed that the main advantages of the ICAC at the UCCI are:
• compliance with the standards of mediation and arbitration;
• compliance of dispute resolution procedures with the ICAC Arbitration Rules, the ICAC Mediation Rules, the Laws of Ukraine “On International Commercial Arbitration” and “On Mediation”;
• the obligation of mediators to comply with the Code of Professional Ethics of the ICAC Mediator;
• feasible consequences for violations of the Code of Conduct.
Summarizing, she noted that the ICAC provides users with the broadest set of opportunities to settle their disputes professionally, confidentially, efficiently and comfortably for the parties.
The recording of the event is available following the link.