Arbitration court, ICAC

Arbitration court, ICAC

Specialists of “Goretskyy and Partners” Law Firm are judges of the Arbitration Court. At the conclusion of contracts (agreements), our customers are very often include “arbitration clause”, under which all disputes under the contract (agreement) in the future should be considered in the appropriate court of arbitration.

Arbitration courts are functioning according to the Law of Ukraine “On arbitration courts” adopted in May 2004 and perform arbitration functions.

Ukrainian legislation defines the arbitration courts as the competent authorities for the resolution of disputes arising from civil and economic relations.

Main principles of activity of the arbitration courts:

Arbitration courts are not public bodies and are not included in the system of courts administering justice on behalf of the state.

The decision of the parties to submit the dispute to arbitration made in writing form in the form of a separate arbitration agreement or arbitration clause in the text of the main contract.

The competence of the arbitration courts is limited by law. Arbitration courts in the manner prescribed by law, may consider any matters arising from civil and economic relationships, with the exception of:

  • cases of disputes on invalidation of legal acts;
  • cases of disputes arising from the conclusion, change, break and the implementation of economic agreements related to the satisfaction of public needs;
  • cases involving state secrets;
  • cases on disputes arising out of family relationships, in addition to cases of disputes arising from marriage contracts (agreements);
  • cases on restoring the debtor’s solvency or recognition of its bankruptcy;
  • cases, one of the sides in which is a public authority, local authority, their official or service person, another person in the exercise of the power management functions on the basis of legislation, including the execution of delegated authority, government agency or organization, public enterprise;
  • cases on disputes concerning real estate, including land;
  • cases of establishing the facts of legal significance;
  • cases of disputes arising from the employment relationship;
  • cases arising from corporate relations in disputes between a business entity and its participant (founder, shareholder), including retired participant, as well as between the participants (shareholders) of business entities associated with the creation, operation, management and termination of the activities of these companies ;
  • other cases, which according to the law are decided exclusively by the courts of general jurisdiction and the Constitutional Court of Ukraine;
  • cases, when at least one of the parties of the dispute is not a resident of Ukraine;
  • cases in which the outcome of the execution of the arbitral award in need of an appropriate action by public authorities, local governments, their officials or official entities and other stakeholders in their implementation of power management functions on the basis of legislation, including the execution of delegated authority.

The decision of the arbitration court may be appealed by the parties, third parties, as well as persons who are not involved in the case, if the arbitration court decided the question of their rights and responsibilities.

The decision of the arbitration court is obligatory upon the parties in the case. Enforcement of the decision of Arbitral court is made by a state executive service.

Law Firm “Goretskyy and Partners” has a positive experience in representing clients’ interests in the International Commercial Arbitration Court at the Chamber of Commerce of Ukraine, as well as the recognition and enforcement of arbitral decisions abroad.

The current economic relations dictate their terms to customers and offer more and more complex challenges. Quite often, business entities that have relationships with foreign counterparts, point in their contracts / agreements so-called “arbitration clause”, in the presence of a controversy between the participants of economic relations shall be referred to the International Commercial Arbitration Court at the Chamber of Commerce in Ukraine.

Our experts will help you:

  • an analysis of the prospects for treatment in the ICAC at the UCCI;
  • represent your interests in the proceedings in the ICAC at the UCCI and get the solution of the ICAC at the UCCI;
  • apply to a competent court, including courts abroad, with a request for recognition of the award and receipt of the relevant executive document;
  • carry out legal support of execution of the decision of the ICAC at the UCCI, including abroad.

Specialists in this practice

Oleg Goretskyy