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Arbitration Clause Enforcement in Ukraine - on the Importance of Using a Model Clause - SAR 2004 - 1

Author(s): 
Alexander Bondar
Page Count: 
10 pages
Media Description: 
1 PDF Version from "Stockholm Arbitration Reporter"
Published: 
December, 2004
Jurisdictions: 
Sweden,
Ukraine
Practice Areas: 
Categories of Disputes,
Commercial Disputes,
Enforcement of Arbitral Awards,
SCC
Author Detail: 

 Alexander Bondar, Senior Legal Counsel, Advisory in Law and Strategy (AL&S) Kiev office. Currently

working with the matters of title recovery, food regulation and M&A transactions in
Ukraine and Russia. During 2001-2003 the author represented a multinational client in an
arbitration under the Rules of the Arbitration Institute of the Stockholm Chamber of
Commerce (the “SCC Rules”). During 2003, he successfully enforced the award against a
Ukrainian respondent and recovered the awarded amounts. Mr Bondar graduated from
the Stockholm University with an LLM in International Commercial Arbitration Law in
the spring of 2004.

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Stockholm Arbitration Report (SAR)

Preview Page SAR 2004 - 1

This article is about the enforcement of pathological arbitration clauses in Ukraine. Part 1 briefly introduces the standard of arbitration clause recognition in Ukraine and part 2 presents an example of a usual pathology in the clauses and discusses the possible remedies available for a party invoking such clause as a bar to litigation.

1. ARBITRATION CLAUSE ENFORCEMENT IN UKRAINE

Ukraine has a sufficiently developed legislation on international commercial arbitration. Ukraine is a party to the 1958 New York Convention and has enacted the Law on the international commercial arbitration court, which, apart from slight deviations, duplicates the UNCITRAL Model Law. There are other various legal and normative acts governing the specific matters of the international commercial arbitration in Ukraine.