III INTERNATIONAL ARBITRATION READINGS IN MEMORY OF ACADEMICIAN IGOR POBIRCHENKO
On 13 November 2015 the International Commercial Arbitration Court and the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry under the auspices of the United Nations Commission on International Trade Law (UNCITRAL) will hold in the premises of the Ukrainian Chamber of Commerce and Industry (situated at 33, Velyka Zhytomyrska street, Kyiv, Ukraine) III International Arbitration Readings in Memory of Academician Igor Pobirchenko.
Taking into account that in 2015 it is celebrated the 35th anniversary of adoption of the United Nations Convention on Contracts for the International Sale of Goods(Vienna, 1980), which is widely applied in international trade and in consideration of foreign economic disputes in international commercial arbitration, the hosts of the event decided to dedicate III International Arbitration Readings to the topic of:Applicable law in international commercial arbitration. The practice of application of the Vienna Convention on Contracts for the International Sale of Goods, in the context of which it is proposed to hold three sessions and discuss the following issues:
- Determination of procedural and substantive law in international commercial arbitration
- methods for determining the applicable law in consideration of disputes in international arbitration: the doctrine of party autonomy (lex voluntatis), the concepts of voie indirect and voie directe;
- the law applicable to the arbitration procedure and arbitration agreement;
- the law applicable to determination of legal capacity of the parties to the arbitral proceedings and powers of attorney;
- the law applicable to evidential matters (distribution of the burden of proof and evidence);
- peculiarities of application of ex aequo et bono or amiable compositeur;
- application of the substantive law of several countries and the concept of dépeçage;
- application of the Convention on the Limitation Period in the International Sale of Goods (New York, 1974).
- The Vienna Convention on Contracts for the International Sale of Goods. The peculiarities of application
- scope of application of the Vienna Convention;
- exclusion of application of the Vienna Convention: practice in application;
- the ratio of the Vienna Convention and national legislation;
- the concept of fundamental breach of contract, remedies of the seller and the buyer, a conflict with national legislation;
- peculiarities of the determination of damages under the Vienna Convention, in particular, in case of termination of the contract;
- the concept of nominal damages and its correlation with the Ukrainian legislation;
- terms in the Vienna Convention;
- exemption from liability under the Vienna Convention and national legislation;
- effects of application of reservations of the Contracting States at the time of ratification of the Vienna Convention.
- Mandatory rules in international commercial arbitration
- content of the concept of «mandatory rules»;
- limits of the choice of law by the mandatory rules in international arbitration;
- mandatory rules and the law applicable to the arbitrability of disputes;
- mandatory rules and the public order;
- peculiarities of the application of the mandatory rules of third countries in international arbitration.
The proposals of the hosts of the Readings as to the content of sessions in no way restrict the right of the participants to make a report on a different topical issue within the context of the announced topic.
Scientists, arbitrators and experts of the world's leading international arbitration institutions, judges of courts of general jurisdiction and economic courts of various branches as well as representatives of businesses and law firms are invited to make their reports.
It is planned the participation of the representatives of the United Nations Commission on International Trade Law (UNCITRAL) in the Readings.
The Readings provide a broad opportunity of the discussion for all the participants.
Target audience of the Readings: attorneys, lawyers, entrepreneurs, experts of companies and organizations that specialize in the field of foreign economic activity and international commercial arbitration, as well as representatives of the judicial authorities, scholars, teachers and students of law departments.
Working languages of the event are Ukrainian, Russian and English (simultaneous translation is provided).
To participate in the Readings please:
Application forms are accepted till 1 November 2015. For those who wish to make a report the application forms with indication of the topic of the report and, if possible, with the enclosed theses of the report are acceptedtill 5 October 2015.
For detailed information on participation in the Readings please contact the Secretariat of the ICAC at the UCCI(tel. +38 044-270-51-87, 279-80-11).
The documents of the III Arbitration Readings will be published according to a set tradition.