Doing business with foreign counterparties is a complex and risky process, during which disputes may arise between the parties regarding the fulfillment of contractual obligations.
Usually, when concluding transactions in the field of international trade, their parties provide for the transfer of possible disputes for resolution to special non-state institutions – international commercial arbitration. They can be either permanent or created to resolve a specific dispute.
Dispute resolution in international commercial arbitration has many advantages over litigation in state courts.
There are many international commercial arbitrations in the world, according to the rules of which the parties to international contracts in the field of trade in various types of products, construction, etc. can entrust the solution of their disputes. Almost all of them have a high level of trust, and their arbitrators have a high level of professionalism.
In Ukraine, the International Commercial Arbitration Court and the Maritime Arbitration Commission operate under the Ukrainian Chamber of Commerce and Industry, whose activities are regulated by the relevant Law of Ukraine “On International Commercial Arbitration” and the Regulations approved by this Law.
The success of submitting a case to international commercial arbitration begins to take shape already at the stage of preparing and concluding a contract with a foreign partner, which should include an arbitration agreement – special conditions certifying the true intentions of the parties to choose an international commercial arbitration body, the procedure by which the dispute will be considered, venues for the dispute, the number of arbitrators, and the like.
In the event of significant deficiencies, the arbitration agreement may be declared invalid or unenforceable, resulting in the need to select a different method of resolving the dispute, and most likely in state courts in accordance with the rules for choosing territorial jurisdiction under the rules of private international law.
International commercial arbitration is an arbitral tribunal, however, it has a special status, because it considers disputes from contractual and other civil law relations arising in the process of foreign trade and other types of international economic relations.
Professional legal assistance of a lawyer in international commercial arbitration requires knowledge of international law, the practice of its application, as well as the application of the law of other countries in resolving a dispute, to which the terms of the contract may be subject.
Attorneys of WINNERLEX have the necessary successful experience in legal assistance in cases with a foreign element, including in international commercial arbitration.
In case of disagreement with the decision of international commercial arbitration, the dissenting party may also appeal against it in the court of the relevant state in whose territory the arbitral institution is located.
The decision of the International Commercial Arbitration Court and the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry may be challenged by filing an appropriate application with the Court of Appeal of General Jurisdiction at their location.
Since international commercial arbitration is not a state institution, the enforcement of its decisions is possible after the procedure for recognizing such a decision by the state court of the country where the enforcement is to be carried out, which also requires professional legal assistance which can be fully provided by attorneys of WINNERLEX.
Practice experience: 19 years
Specialization: litigation support, tax, customs and antitrust practices, agricultural law, IT and M&A
- drawing up foreign economic contracts with arbitration agreements;
- analysis of arbitrage agreements for the possibility of their execution in Ukraine;
- pre-arbitral settlement of disputes;
- legal analysis of the prospects for resolving disputes in international commercial arbitration;
- legal analysis of the possibility of objecting to the competence of international commercial arbitration and transfer of the case to the economic court in Ukraine;
- preparation of documents for applying to international commercial arbitration;
- representation of interests in the International Commercial Arbitration Court;
- appeal against decisions of international commercial arbitration in Ukraine;
- representation of interests in the process of recognition and enforcement of foreign judgments and arbitral awards in Ukraine, etc.
Disputes can be resolved by International Commercial Arbitration provided that the contract between parties contains an arbitration agreement or there is a separate arbitration agreement with the clauses of such way of dispute resolution.
International Commercial Arbitration institutions resolve disputes arising from civil law relations related to the implementation of international economic, scientific and technical cooperation.
Yes, but only if such arbitration agreement is invalid, no longer valid or cannot be executed.