Working Groups

 and Working Group I - On Improving of Ukrainian Arbitration Legislation in the Field of International Arbitration and arbitral proceedings

Working Group I focuses on improvement of current Ukrainian legislation in the area of international arbitration and arbitral proceedings, to promote its further development in Ukraine, a formation of pro-arbitration court practice in Ukraine supporting these alternative ways of case hearings as well as support the creation of a positive image for Ukraine as an arbitration-friendly jurisdiction

Stage 1
During the firs stage, the Working Group 1 elaborated a draft law regarding exercise of judicial control over international arbitration by the Ukrainian courts. The text of the draft is available here

Stage 2
During the second stage,
 the Group has developed provisions designed to fill the existing gaps in the legal regulation of judicial support for international commercial arbitration. More details can be found here

Stage 3
During the third stage, the Group has been developing comments and suggestions on refinement / modification to the provisions of Commercial and Civil Codes of Ukraine concerning arbitrability rules, some issues of judicial assistance to international arbitration and, in particular, the application of measures by court for securing enforcement and assistance in obtaining evidence supporting of international commercial arbitration, execution of arbitration agreements by courts, as well as certain issues of arbitration decisions. More information on some of the UAA comments, submitted to the Judicial Reform Council can be found at the link.

The work of first two stages of the Group was used as a basis for draft law №4351 and was included into the project for changes of Ukrainian Commercial and Civil Codes in the framework of the court reform (Law draft #6232)

Many changes that were offered by the Association from the Group’s work, were included into the current Ukrainian Commercial and Civil Codes.  

The Group also gives comments and offers changes concerning other law drafts connected to the legislation for international arbitration and arbitral proceedings in Ukraine.

Please send your comments, questions and suggestions regarding the work of the Group-I to its coordinator is Olena Perepelynska (olena.perepelynska@integrites.com)

The results of the Group I work are:
1. 
UAA Working Group has elaborated a draft law regarding exercise of judicial control over international arbitration by the Ukrainian courts
2. UAA Working Group has elaborated a draft law regarding provision of judicial support to international arbitration by the Ukrainian courts
3. UAA Submitted its Comments and Proposals to the Draft Procedural Codes in Arbitration-related Matters to the Council on Judicial Reform
4. Discussion on Resolution No. 6232
5. Comments and Proposals to the Draft Law No. 6540 in Arbitration-related Matters

 

Working Group II -  on promotion of ad hoc arbitration in Ukraine

Working Group II  focuses on creation of practical conditions for  promotion and development of ad hoc arbitration in Ukraine, in particular  the promotion of ad hoc procedure, and explanation when such procedures can be effective, development of appropriate rules and procedures, the introduction of international standards of  conduct  in arbitral proceedings and rules for detection and elimination the conflict of interests in ad hoc arbitration, the development  of  ethic  rules and responsibility of participants of arbitral proceedings, primarily arbitrators, and also  the development of information resources to ensure efficiency of dispute resolution in ad hoc arbitration. Within its scope of work, the working group intends to cooperate closely on the introduction of professional development and training programs for individuals interested in pursuing their professional knowledge as arbitrators.

Working Group ІI is elaborating the rules of assistance to ad hoc arbitration in Ukraine, when the UAA acts as appointing authority. It has already finalized the draft Regulation on the UAA Appointing Committee. The text of the draft is available here. Please send your comments, questions and suggestions regarding the draft to the Group-II coordinator and supervisor.

Working Group II coordinator is Ihor Siusel (Ihor.Siusel@bakermckenzie.com),

The group supervisor is Tatyana Slipachuk (TSlipachuk@sk.ua).

UAA Working Group has elaborated a draft law regarding exercise of judicial control over international arbitration by the Ukrainian courts.

The Ukrainian Arbitration Association publishes the draft Regulation on the UAA Appointing Committee for public consideration.

Members of the Association can be an individual with a law degree, is a specialist in international commercial arbitration or have a professional interest in international commercial arbitration and share the goals and objectives of the Association.Read more

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