Lex Mundi Global Arbitration Institutions Guide |
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Ukraine |
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(Europe)
Firm
Asters
Contributors
Serhii Sviriba |
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| Name of Arbitral Institution; with abbreviation, if any. | International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the "ICAC") |
| Where is the seat of the Arbitral Institution? | Kyiv, Ukraine |
| Is there an umbrella organization for the Arbitral Institution? | The Ukrainian Chamber of Commerce and Industry |
| How is the Arbitral Institution structured? | Presiduim, President and Secretariat. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | There is a Recommendatory List of the ICAC Arbitrators. The parties are not free to appoint arbitrators not included into this List. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The parties cannot freely chose a place of arbitration. There is a mandatory rule that the place of arbitration shall be in Kyiv, Ukraine. However, the parties can agree to hold hearings outside ICAC location. |
| What is the amount of the registration fee? | USD 600 |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Total amount: USD 16160 arbitration fee, including USD 600 registration fee |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Total amount: USD 53700 arbitration fee, including USD 600 registration fee |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Total amount: USD 168700 arbitration fee, including USD 600 registration fee |
| Who pays advances on costs? What happens in the event of default? | The claimant should advance the costs. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | The ICAC may hold a case management conference, in the course of which the issues, including those related to the conduct of the arbitral proceedings, necessity to establish procedural schedule, conduct oral hearings and/or adoption of procedural measures, clarification of certain grounds and demands are resolved. |
| Which languages can be used for communication with the Arbitral Institution? | Russian, Ukrainian and English. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The President of the ICAC - Mykola Selivon kea-ica@ucci.org.ua |
| Are there restrictions on the language that the arbitration may be conducted in? | No. |
| Who appoints substitute arbitrators? | Any substitute arbitrator shall be appointed using the same proceedings used for the appointment of the arbitrator to be substituted. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes. |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | Each party produce available evidence, while the tribunal may oblige document production upon the request from a party or by its own initiative. |
| What is the average duration of arbitration proceedings? | 6 months. |
| What is the timeframe for rendering the award? | The time frame for rendering the award is 30 days from the date of the case completion. The time may be extended. |
| Are extensions to time limits permissible? | The Secretary General of the ICAC or arbitral tribunal may extend the time limits. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Both the arbitral tribunal and the ordinary courts can issue interim measures. |
| Do the institutional rules provide for an emergency arbitrator? | No. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Yes. The Arbitral Tribunal shall render the Arbitral Award within 20 days from the date of the case completion. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | The awards are submitted for scrutiny to the Secretary General of the ICAC. |
| Do costs necessarily follow the event? | The allocation of costs is decided by the arbitral tribunal in the award. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | An arbitral award may be annulled in Ukraine. The reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention. |
| Link to institutional rules | https://icac.org.ua/wp-content/uploads/Rules-of-the-ICAC-at-the-UCCI.pdf |
| Link to model clause | https://icac.org.ua/en/arbitrazh/arbitrazhne-zasterezhennya/ |
Lex Mundi Global Arbitration Institutions Guide
International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the "ICAC")
Kyiv, Ukraine
The Ukrainian Chamber of Commerce and Industry
Presiduim, President and Secretariat.
There is a Recommendatory List of the ICAC Arbitrators. The parties are not free to appoint arbitrators not included into this List.
The parties cannot freely chose a place of arbitration. There is a mandatory rule that the place of arbitration shall be in Kyiv, Ukraine. However, the parties can agree to hold hearings outside ICAC location.
USD 600
Total amount: USD 16160 arbitration fee, including USD 600 registration fee
Total amount: USD 53700 arbitration fee, including USD 600 registration fee
Total amount: USD 168700 arbitration fee, including USD 600 registration fee
The claimant should advance the costs.
The ICAC may hold a case management conference, in the course of which the issues, including those related to the conduct of the arbitral proceedings, necessity to establish procedural schedule, conduct oral hearings and/or adoption of procedural measures, clarification of certain grounds and demands are resolved.
Russian, Ukrainian and English.
The President of the ICAC - Mykola Selivon kea-ica@ucci.org.ua
No.
Any substitute arbitrator shall be appointed using the same proceedings used for the appointment of the arbitrator to be substituted.
Yes.
No.
Each party produce available evidence, while the tribunal may oblige document production upon the request from a party or by its own initiative.
6 months.
The time frame for rendering the award is 30 days from the date of the case completion. The time may be extended.
The Secretary General of the ICAC or arbitral tribunal may extend the time limits.
Both the arbitral tribunal and the ordinary courts can issue interim measures.
No.
Yes. The Arbitral Tribunal shall render the Arbitral Award within 20 days from the date of the case completion.
The awards are submitted for scrutiny to the Secretary General of the ICAC.
The allocation of costs is decided by the arbitral tribunal in the award.
An arbitral award may be annulled in Ukraine. The reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention.