International Commercial Arbitration Enlarged number of multinational companies and international operations has inevitably led to an increase in commercial disputes crossing the national boundaries. In accordance with international law norms the “arbitration” means a consideration of disputes by arbitrators appointed for each case (arbitration ad hoc) or by permanent arbitral bodies, e.g. in Ukraine such a body is the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry. State economic (formerly arbitration) courts were called “arbitration” although under international law they were not such and are not. It's just the state judicial authorities with the power to consider the disputes between economic entities of a certain category. The consideration of the international commercial disputes in the commercial arbitration courts (arbitration courts) has several advantages over the consideration of these disputes in state courts of arbitration. The commercial arbitration award is binding on the parties and the international treaties ensure their enforcement in many countries that do not work with the awards of the state courts, which enforcement is impossible in the majority of states. In commercial arbitration the cases are heard in private, neutral composition with minimal formalities. In addition, they are usually settled more quickly and less expensively than in the state courts of arbitration, hereupon the publicity of the case, as well as the fact of appeal to arbitration, shall be permitted only with the consent of the parties. Our attorneys, considering the international practice, successfully carry out the arbitration proceedings in Ukraine and abroad, representing and advising clients in commercial and investment disputes, disputes relating to the activities of joint ventures, licensing, insurance and other disputes. Preparation for the settlement of disputes begins long before the business relationships are formed and the dispute has arisen. We help to make the most appropriate arbitration clause in a commercial contract on dispute settlement, have not arisen yet, but may arise in connection with the proposed customer's activity on the contract with its counterparty. In this case, our customers are already prepared for these disputes, they know how and where the controversial situation will be settled, what language will be used, and substantive law of what state will be applied in settlement of the dispute and what formalities must be complied with. Drafting of an arbitration clause for international commercial contracts is an important component of the legal services provided by us in the field of the international arbitration. We give advice in the form of an arbitration clause, which would be the best way to satisfy the requirements of the specific business transaction, prepare the necessary documents. Choice of arbitrators is a crucial part of any arbitration. We will help you identify and select the arbitrators the most suitable for a particular case. Our specialists represent our clients both in Ukraine and abroad, on matters of direct relevance to the international arbitration, for example, such as enforcement of arbitral awards, pre-ensuring of claim requirements, confirmation or setting aside the awards. In foreign countries for the successful settlement of the case we can bring to the work the local attorneys specializing in the field of the procedural law. We are proud of the fact that we significantly contribute to the development and further spread of methods of alternative dispute settlement both in Ukraine and at the international level. Our lawyers will multiply their years of experience in the international arbitration with the successful arbitral awards. We advise clients and provide services on all issues related to international arbitration, including: the choice of an international arbitration institution for the conclusion of foreign economic contracts for the sale of goods and services; choice of applicable law; drafting and agreeing arbitration clauses and individual arbitration agreements; preparation of foreign economic contracts, agreements; pre-arbitration negotiations on settlement of international disputes and debt repayment; legal expertise of documents provided and type of debt, elaboration of an optimal variant of debt repayment; conducting analysis and evaluation of the prospects of the arbitration case; structuring of arbitration clauses in complex international transactions; support in the negotiation process for peaceful settlement of disputes, drafting and conclusion of peace agreements; recognition and enforcement of foreign arbitration awards in Ukraine and abroad; search of actual data on the debtor and its assets; preparation of a statement of claim and materials for filing in international arbitration bodies; representation of the customer's interests in international arbitration commercial courts; solution of complex commercial disputes in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine; Representation in appeal of decisions of commercial arbitration courts; recognition and enforcement of foreign arbitration awards; establishment of liquid assets of the debtor, imposition of arrest on them, assessment and forced realization of the debtor's property for repayment of arrears under an arbitration award, etc. For more information on the representation of your lawyers by your lawyers in such an arbitration institution in Ukraine as the ICAC at the Ukrainian Chamber of Commerce, you can find out in the section Representation of interests at the ICAC at the Chamber of Commerce and Industry of Ukraine. Representation of your interests in the ICAC with the CCI of Ukraine The ICAC at the Ukrainian CCI maintains active cooperation with global arbitration community. The institution is a member of numerous international associations in the field, such as the International Federation of Commercial Arbitration Institutions (IFCAI) in New York and the European Arbitration Group at the International Chamber of Commerce (ICC) in Paris, and it is also a member of the permanent advisory body, which is the Council of Managers of Chambers of Commerce and Industry in the CIS countries in the field of international commercial arbitration. The European Arbitration Group (EAG) has played an important role in the formation of the arbitration systems in the countries of Central and Eastern Europe as it has united the Eastern and Western Europe with «a new bridge». In 2003, the European Arbitration Group held its meeting in Kiev, which was attended by chairpersons of international arbitration bodies from many countries of Europe. Using the opportunity provided by the said meeting, the ICAC at the Ukrainian CCI arranged for the conduct of the international conference titled «European Institutional Arbitration: Problems and Perspectives» where the participants of the aforesaid meeting of the European Arbitration Group took part as spokespeople. The legal status of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (hereinafter, - the ICAC), i.e. its judicial personality, its operational setup, and its scope of competence are determined by: The Ukrainian Law titled «On the International Commercial Arbitration» dated February 24, 1994; The Statute on the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, which is Application 1 to the aforesaid legislation; The Rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry. According to the aforesaid Regulation, the ICAC is an independent and permanently operational arbitration body, which operates in compliance with the Ukrainian Law titled «On the International Commercial Arbitration» The aforesaid legislation is based on the recognition of arbitration as a method widely applied to the resolution of disputes arising in the field of international trade. This legislation heeds the provisions on such a kind of arbitration as contained in the international treaties where Ukraine is a party to. First of all, it is the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) and the European Convention on International Commercial Arbitration (Geneva, 1961). The said legislation of based on the standard law on international commercial arbitration as adopted in 1985 by the UN Commission on International Trade Law and approved by the UN General Assembly for possible application by different countries in their national legislation in order to ensure a uniform approach to the legislative regulation of international commercial arbitration in those countries. The arbitration activity, same as the other methods of resolving disputes in Ukraine, is first of all based on the constitutional provision stating that everyone is entitled to protection of his or her rights against any violation and criminal intrusion in every legally permitted manner possible (Constitution of Ukraine, Article 55). One of such generally accepted methods to resolve a dispute under the civil law is an application to an arbitration court, which may be institutional or formed by the litigants in order to resolve a particular dispute (ad hoc). The ICAC accepts for its consideration any disputes within its scope of competence, provided that there is a written agreement between the litigants to refer to the said court all or some particular disputes, which arise or may arise between the litigants with regard to any specific legal relationship, no matter whether it is of contractual nature or otherwise. An arbitration agreement may be reached for in the form of an arbitration clause in a contract or as a separate agreement. The procedure for the application to the ICAC and for the consideration of cases is determined by the Rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, while the size of the arbitration fee collected on a case going into the court's consideration is determined by the Schedule of Arbitration Fees and Costs (Appendix to the Rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry). Organizationally, the ICAC at the Ukrainian CCI consists of the Arbiters, the Presidium, the President, two Vice Presidents and the Secretariat. The proceedings in cases are carried out by the arbiters elected or appointed from the List of Arbitrators approved by the Presidium of the Ukrainian Chamber of Commerce and Industry. The ICAC awards are final for and binding upon the litigants; if refused from voluntary fulfillment, such arbitrary awards shall be enforced. Although it operates under the aegis of the Ukrainian Chamber of Commerce and Industry, the ICAC remains an independent and separate arbitrary institution. The Ukrainian CCI is not a superior agency for, and has no administrative power in relation to, the ICAC. The law prohibits any intrusion into the operations of the ICAC and prescribes that the Ukrainian Chamber of Commerce and Industry provides support and assistance to the ICAC in the performance of its primary function; to resolve foreign trade disputes. Section 1 of the Statute on the International Commercial Arbitration Court sets forth the comprehensive list of the court's functions: adoption of the Rules of the ICAC; adoption of the schedule of arbitration fees, arbiters' fees and other expenses of the court; and facilitation of the court's activities. In accordance with Article 1 of the Ukrainian Law titled «On Arbitration Courts», the said law is not applicable to international commercial arbitration and, hence, it is not applicable to the setup and operations of the ICAC. The ICAC is one of the largest and most influential centers of arbitration and it is recognized by both domestic and foreign business communities. The court maintains close cooperation with many permanent arbitration bodies and it is also a member of the International Federation of Commercial Arbitration Institutions (IFCAI) and a member of the European Arbitration Group at the International Chamber of Commerce (ICC) in Paris. Services for foreign citizens Our company provides legal services for foreigners in Ukraine and Poland. We will represent your interests in state bodies on issues of registration of documents in Ukraine and Poland. We are ready to provide legal advice on marriage in Ukraine, registration and registration of a temporary residence permit, employment permit and citizenship of Ukraine. The experienced team of lawyers of "LATUNIA" company specializes in solving the issues of foreign citizens in Ukraine and Poland. Our main goal is not only to make professional legal advice available to citizens of any country who arrived or have interests in Ukraine, but also make your visit to Ukraine as comfortable and interesting as possible. Юридические и представительские услуги для предприятий и граждан Украины Компания «ЛАТУНИЯ» предоставляет широкий спектр юридических услуг высочайшего качества не только своим корпоративным клиентам, но и решает частные вопросы граждан. Специализация компании в этой области охватывает широкий перечень вопросов, требующих индивидуального подхода, взвешенных решений и значительного практического опыта в их решении. К основным видам юридических и адвокатских услуг относятся такие направления юридической практики: Автоэкспертиза Что такое автоэкспертиза. Хотите узнать больше об автоэкспертизе? Автоэкспертиза (авто-товароведческое исследование) оценивает состояние автомобиля и его технические характеристики. Автоэкспертиза необходима в двух случаях: либо для независимой оценки остаточной стоимости автомобиля, либо для оценки повреждений автомобиля после ДТП.