Working Groups
Working Group I - Improving of Ukrainian Arbitration Legislation in the Field of International Arbitration and Arbitral Proceedings
Working Group I focuses on improvement of current Ukrainian legislation in the area of international arbitration and arbitral proceedings, to promote its further development in Ukraine, a formation of pro-arbitration court practice in Ukraine supporting these alternative ways of case hearings as well as support the creation of a positive image for Ukraine as an arbitration-friendly jurisdiction
Stage 1
During the firs stage, the Working Group 1 elaborated a draft law regarding exercise of judicial control over international arbitration by the Ukrainian courts. The text of the draft is available here.
Stage 2
During the second stage, the Group has developed provisions designed to fill the existing gaps in the legal regulation of judicial support for international commercial arbitration. More details can be found here
The work of first two stages of the Group was used as a basis for draft law №4351 and was included into the project for changes of Ukrainian Commercial and Civil Codes in the framework of the court reform (Law draft #6232)
Stage 3
During the third stage, the Group has been developing comments and suggestions on refinement / modification to the provisions of Commercial and Civil Codes of Ukraine concerning arbitrability rules, some issues of judicial assistance to international arbitration and, in particular, the application of measures by court for securing enforcement and assistance in obtaining evidence supporting of international commercial arbitration, execution of arbitration agreements by courts, as well as certain issues of arbitration decisions. More information on some of the UAA comments, submitted to the Judicial Reform Council can be found at the link.
Stage 4
12/23/2019 The Working Group on Improving the Arbitration Law of Ukraine sent its proposals to the Commission on Legal Reform. The text of the Draft Law and the Comparative Table with the Working Group comments can be found via the links.
The Group also gives comments and offers changes concerning other law drafts connected to the legislation for international arbitration and arbitral proceedings in Ukraine.
Please send your comments, questions and suggestions regarding the work of the Group-I to its coordinator, Olena Perepelynska (olena.perepelynska@integrites.com)
The results of the Group I work are:
1. UAA Working Group has elaborated a draft law regarding exercise of judicial control over international arbitration by the Ukrainian courts
2. UAA Working Group has elaborated a draft law regarding provision of judicial support to international arbitration by the Ukrainian courts
3. UAA Submitted its Comments and Proposals to the Draft Procedural Codes in Arbitration-related Matters to the Council on Judicial Reform
4. Discussion on Resolution No. 6232
5. Comments and Proposals to the Draft Law No. 6540 in Arbitration-related Matters
6. On December 23, 2019, UAA sent its proposals to the Commission on Legal Reform (Draft Law and Comparative Table)
7. On April 15, 2021, the UAA submitted its proposals to the Draft Law №3411
8. On May 11, 2021, the UAA submitted its comments on the Draft Law №5347
9. On September 8, 2022 Ukrainian Arbitration Association submitted its comments on Draft Laws №7520, №7520-1 and №7520-2 to the Verkhovna Rada of Ukraine.
10. On 27 March 2024 the UAA representatives attended the committee hearing in the Verkhovna Rada of Ukraine on legal policy on the topic "Paths to Peace: Issues and Prospects of Alternative Dispute Resolution in Contemporary Conditions".
Working Group II - Promotion of Ad Hoc Arbitration in Ukraine
Working Group II focuses on creation of practical conditions for promotion and development of ad hoc arbitration in Ukraine, which in particular is the promotion of ad hoc procedure, and explanation when such procedures can be effective, development of appropriate rules and procedures, the introduction of international standards of conduct in arbitral proceedings and rules for detection and elimination the conflict of interests in ad hoc arbitration, the development of ethic rules and responsibility of participants of arbitral proceedings, primarily arbitrators, and also the development of information resources to ensure efficiency of dispute resolution in ad hoc arbitration. Within its scope of work, the working group intends to cooperate closely on the introduction of professional development and training programs for individuals interested in pursuing their professional knowledge as arbitrators.
Stage 1
In the framework of elaborating the Rules of assistance to ad hoc arbitration in Ukraine when the UAA acts as appointing authority, during the 1st stage of its work, 2nd Working Group developed the draft Regulation on the UAA Appointing Committee. The text of the draft is available here. Also, the Group started working on the rules of accomplishing of the mentioned functions. The 1st stage coordinator was Ihor Siusel (Ihor.Siusel@bakermckenzie.com) and Tatyana Slipachuk (TSlipachuk@sk.ua) was the supervisor.
Stage 2
During the second stage, the main aim of the Group's work will be development of the Rules of assistance to ad hoc arbitration in Ukraine.
Please send your comments, questions and suggestions regarding the work of the Group-I to its coordinator, Artem Doudko (artem.doudko@osborneclarke.com) and to UAA Secretariat (secretariat@arbitration.kiev.ua).
The results of the Group II work are:
1. The Ukrainian Arbitration Association publishes the draft Regulation on the UAA Appointing Committee for public consideration.
Working Group ІІІ - Preparation and Submission of Amici Curiae Briefs before Ukrainian Courts
The aim of Ukrainian Arbitration Association supports the creation of positive image of Ukraine as the seat for arbitration for commercial disputes, as well as assistance in the development of state policy on arbitration and research on the application of Ukrainian legislation in the field of arbitration. That is why Working Group III is a group of independent lawyers that prepares its conclusions on court cases that address issues important for the development of arbitration in Ukraine, and the resolution of which will affect the perception of Ukraine as an arbitration-friendly jurisdiction and the formation of a unified practice, which would correspond to the practice of applying similar principles in foreign countries.
The Ukrainian Arbitration Association introduced the position of Amicus Curiae Officer within the Ukrainian Arbitration Association. The Amicus Curiae Officer will conduct regular monitoring of cases in which important issues for the development of arbitration in Ukraine are raised, receive and process proposals for writing Amicus Curiae Briefs, coordinate the process of writing Amicus Curiae Briefs, etc.
We encourage representatives of the arbitration community to notify the Amicus Curiae Officer of court cases, the resolution of which may have a significant impact on law enforcement practice in the field of international arbitration in Ukraine. Please send your messages to the email address ACBofficer@uaa.in.ua.
ATTENTION! Neither the Ukrainian Arbitration Association nor lawyers have any interest in the outcome of the cases under investigation. In particular, each of the lawyers involved in the research confirms that neither he / she nor the law firm with which they are affiliated represents or represented the parties to any of the cases. The conclusions prepared by Working Group III were prepared solely on the initiative of the Ukrainian Arbitration Association. Neither the parties nor their representatives appealed to the Ukrainian Arbitration Association on this issue. The Ukrainian Arbitration Association, in turn, does not enter into any contacts with the parties to the cases or their representatives during the research.
Amicus Curiae Brief 1
The UAA working group prepared and on April 24, 2017 submitted to the High Specialized Court of Ukraine for Civil and Criminal Cases the Amicus Curiae Brief in the case of Nibulon v. Rise. The full text is available HERE.
Amicus Curiae Brief 2
The UAA working group prepared and on October 26, 2017 submitted to the High Specialized Court of Ukraine for Civil and Criminal Cases Amicus Curiae Brief in the case - Ant Yapi v. LG Electronics Ukraine (AС № 271ут / 2016).
This case raises important issues regarding the waiver of the right to object (including objections to the validity of the arbitration agreement and, consequently, the lack of expertise of the arbitral tribunal) if the relevant objections were not timely filed in arbitration proceeding, as well as on the conclusion of an arbitration agreement by exchanging a statement of claim and a response to the claim.
The conclusion contains an analysis of the applicable principles of the legislation, the current practice of Ukrainian courts, as well as international academic and practical approaches to addressing similar issues.
The full text is available HERE.
Amicus Curiae Brief 3
On 31 December 2021, the UAA Working Group submitted to the Civil Court of Cassation of the Supreme Court a jointly prepared Amicus Curiae Brief in respect of Alkodis v. Agat-A proceedings (No. 824/152/2).
This case raises an important issue for the effective enforcement of foreign arbitral awards in Ukraine, namely the wording to be used by courts in operative sections of decisions and writs of execution. The working group concluded that issuing a writ of execution that specifically provides for recovery of sums from the debtor ensures an effective enforcement of arbitral awards obliging debtors to pay certain amount of money.
The working group hopes that this brief and the academic and practical material it highlights will be of use to the Supreme Court.
You may find the full text of Amicus Curiae Brief (in Ukrainian) here
Amicus Curiae Brief 4
01 November 2023 the Grand Chamber of the Supreme Court issued its resolution in case No. 910/3208/22 between BPZ LLC (Claimant) and GrainPower LLC (Respondent) (https://reyestr.court.gov.ua/Review/114685588) (Judge-Rapporteur Pilkov K.M.).
This case raises important arbitration issues, including the binding nature of the arbitration agreement for non-signatories, the application of the New York Convention to arbitration agreements, the possibility of referring disputes between two Ukrainian companies to arbitration outside Ukraine and enforcement of such an arbitration agreement by Ukrainian courts. When answering all these questions, the Grand Chamber of the Supreme Court applied the principle of pro-arbitration interpretation of arbitration agreements, thus emphasizing once again on the importance of this approach for Ukrainian courts.
This case is also of particular significance as the Ukrainian court (Grand Chamber of the Supreme Court) for the first time on its own initiative requested expert organizations to provide an amici curiae brief, recognized in the world as a tool for obtaining competent opinions from impartial experts regarding problematic issues of the case. Considering the provisions of the Regulation on the Scientific Advisory Council at the Supreme Court, which allows involvement of practitioners in its work, the Grand Chamber requested and received the amici curiae briefs from the UAA and the ICAC. Please find the full text of the UAA Amici Curiae Brief HERE.
Amicus Curiae Brief 5
On 18 December 2023, the UAA working group submitted an opinion (Amicus Curiae Brief) collectively prepared by independent specialists to the Commercial Court of Cassation as part of the Supreme Court regarding case No. 910/8659/23.
In our opinion, this case raised important issues of the arbitrability of disputes, the resolution of which by the court is of great importance for the development of arbitration in Ukraine, the perception of Ukraine as a jurisdiction friendly to arbitration and pro-arbitration practice regarding the consequences of concluding arbitration agreements.
As a result, the Supreme Court ruled in favor of the interpretation of the arbitrability of disputes, which, among other things, the UAA working group recommended in its opinion. Thus, the Supreme Court confirmed that Article 30 of the Commercial Procedure Code of Ukraine does not establish restrictions on the arbitrability of disputes, but instead regulates the issue of determining the territorial jurisdiction of the commercial court.
The full text of the opinion can be found HERE.
Working group ІV - Translation of Recommendations and Rules of IAL in the Sphere of Arbitration
The group is working on translating the Recommendations and the Rules of the International Association of Lawyers in the field of arbitration into the Ukrainian language with the aim of the distribution of information about the best practices of the world and promotion of their widespread use in Ukraine.
Please find the translations of the group below:
1. За підтримки Української Арбітражної Асоціації підготовлено офіційний переклад Рекомендацій МАЮ щодо представництва сторін у міжнародному арбітражі від 29.05.2010
2. За підтримки Української Арбітражної Асоціації підготовлено офіційний переклад Рекомендацій МАЮ щодо представництва сторін у міжнародному арбітражі від 25.05.2013
Working Group V - Research and Analysis of Statistics in Arbitration Related Court Proceedings
Working Group V focuses on regular review of publicly available information on cases before Ukrainian courts that are related to international arbitration, including recognition and enforcement, set aside of arbitral awards, measures in support of international arbitration and proceedings relating to recognition of arbitration agreements. Following the review process, the data retrieved from public sources is aggregated and analysed to establish trends and impact of various legislative reforms on the review of this category of cases.
1. UAA Working Group V presented statistics on recognition and enforcement of arbitral awards in Ukraine in 2006-2020