Ukraine - National Report - World Arbitration Reporter (WAR) - 2nd Edition
Yaroslav Petrov has been an Associate at Asters since 2010. Mr. Petrov joined Asters from the Kyiv office of CMS Cameron McKenna.
Viktoria Afanasieva has been an Associate at Asters since 2011.
Olexander Martinenko has been a Senior Partner and the Head of Commercial Practice in the Kyiv office of CMS Cameron McKenna since 2007.
Oleksandr Gudko is an Associate in the Kyiv office of CMS Cameron McKenna.
Originally from World Arbitration Reporter (WAR) - 2nd Edition
I. INTRODUCTION: ARBITRATION IN UKRAINE—HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
The development of international commercial arbitration started in Ukraine after the country obtained independence in 1991. The idea of establishing an international commercial arbitration court was first mentioned in a Decree of the Parliament of Ukraine “On the Entering into Force of the Law of the Ukrainian Soviet*** Social Republic “On Foreign Economic Activity” No. 960-12 of 16 April 1991, where it was proposed that an arbitration court was established at the Ukrainian Chamber of Commerce and Industry.
Since then the right for parties to arbitrate their disputes in Ukraine has been enshrined in national legislation and in various international treaties.
The international treaties to which Ukraine is party include the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards dated 10 June 1958 (“the New York Convention”), the European Convention on International Commercial Arbitration dated 21 April 1961 (“the European Convention”), and the Treaty on Settlement of Commercial Disputes (“Kiev Treaty”) dated 20 March 1992.
The legal basis for any international arbitration proceedings to be conducted in Ukraine is the Law “On International Commercial Arbitration” No. 4002-XII dated 24 February 1994 (“the ICA Law”).