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Ukraine - Arbitration Law and Practice in Central and Eastern Europe

Author(s): 
Tatyana Slipachuk
Page Count: 
114 pages
Media Description: 
PDF from "Arbitration Law and Practice in Central and Eastern Europe"
Published: 
June, 2006
Jurisdictions: 
Ukraine
Practice Areas: 
Right to Decide ex aequo et bono,
Removal and Resignation of Arbitrators,
Challenge of Arbitrators,
Applicable Law,
Arbitral Awards,
Amendments and Rectification,
Arbitral Process,
Agreement to Arbitrate,
Separability,
Termination,
Costs and Damages,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Recourse Against Award Generally,
Dispute Resolution & Litigation,
ADR,
International Litigation,
Interim Measures of Protection,
Third Parties in Arbitral Proceedings,
Evidence,
National Legislation
Author Detail: 

Tatyana Slipachuk, Dr. Jur. (Ukraine) is currently head of the International Private Law and International Arbitration Department in the law firm Vasil Kisil & Partners in Kiev. She serves as arbitrator and legal counsel in international and domestic arbitration proceedings and is listed in arbitration panels in Europe and the United States, including the Maritime Arbitration Commission at the UCCI, the Vienna International Arbitral Centre, the International Arbitration Court attached to the Kyrgyz CCI, the Arbitration Court at ECCR and ACCR (Czech Republic), the International Commercial Arbitration Court at the CCI of Russian Federation, and AAA neutral and as arbitrator for domestic arbitration within the Arbitration Court at the ICC Ukraine. For ten years Dr. Slipachuk was secretary general of the International Arbitration Court attached to the Ukrainian Chamber of Commerce and Industry. She acts as leading scientific worker within the Scientific-Research Institute on Private Law and Entrepreneurship attached to the Ukrainian Academy of Law Sciences. She is also a member of the ICC Ukraine’s Committee on International Commercial Arbitration and works as Outside Legal Consultant for the Chief Legal Department of the Ukrainian Parliament.

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Description: 

Originally from Arbitration Law and Practice in Central and Eastern Europe

1 GENERAL LEGAL FRAMEWORK

1.1 National Law

a) Current Status

What is the current status? When was it enacted? Have there already been amendments?

Ukraine, like other former Socialist Republics of the USSR after the fall of the Soviet Union, has a rather well-developed system of state arbitrazh courts which dealt exclusively with domestic arbitration. In the years of the Soviet Union, all international arbitration was carried on by the Foreign Trade Arbitration Commission attached to the All Union Chamber of Commerce and Industry. Thus it is possible to say that in 1991, i.e. the year of gaining independence, Ukraine had neither a permanent national body for providing international arbitration nor special national legislation in this regard.

In 1991 the Parliament of Ukraine enacted the Law on Foreign Trade Activity. The Decree to that Law stated that the Ukrainian Chamber of Commerce and Industry was required to establish a permanent international arbitration court. Thus such an international arbitration court was established in 1992 by the Decree of the Presidium of the Ukrainian Chamber of Commerce and Industry and it was named the “International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry.” At the same time and by the same Decree, the Ukrainian Chamber of Commerce and Industry established the Maritime Arbitration Commission for the settlement of maritime disputes. At that time the only legal basis for the establishment of these two permanent international arbitration institutions was the above named Decree.

The main legislative act in the field of international commercial arbitration was adopted on 24 February 1994 and entered into force on 20 April 1994.1