The Legal Framework for Arbitration

General Information

  • UNCITRAL Model-Law based: Yes.

  • Legal Provisions: Ukraine distinguishes between international and domestic arbitrations.

    • International Arbitration: Law on International Commercial Arbitration No. 4002-XII dated 24 February 1994, with amendments. 

    • Domestic Arbitration: Ukrainian Law No. 1701-IV on courts of arbitration dated 11 May 2004.

    • These regulations are complemented by the Ukrainian Civil Procedure Code and the Ukrainian Commercial Procedure Code.

Arbitral Institutions

  • International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC)

  • Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry (UMAC)

Multilateral Conventions

  • New York Convention: Yes (ratification/accession: 10 October 1960); reservations: Ukraine will apply the provisions of this Convention in respect of arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal treatment. Following recent armed conflicts, Ukraine stated that the application and implementation of its obligations under the law is limited and not guaranteed with respect to Crimea, the city of Sevastopol and certain districts of Donetsk and Luhansk.

  • European Convention: Yes (ratification/accession: 18 March 1963).

  • ICSID Convention: Yes (ratification/accession: 7 June 2000).   

  • Energy Charter Treaty: Yes (ratification/accession: 6 February 1998).

 

Last updated February 2019