VIENNA INTERNATIONAL CENTRE

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Ref: 138 (1) EH/CM/RS/nv 8 November 2012

Dear Ms Chernykh,
Following your invitation, I have the pleasure to write to you in recognition of the launch of the Ukrainian Arbitration Association on which you serve as a Board Member.

I understand that the Ukrainian Arbitration Association is a body established for the promotion of international arbitration in Ukraine, with the potential to provide coordination, knowledge and interest in arbitration as a method of dispute resolution. Such initiatives are to be commended. In my experience, such organizations have often played a key role in raising awareness about the features and benefits of international arbitration in a given country.

I note that a number of the Board Members of the Association are experienced arbitration practitioners, and that the Association will be working in cooperation with the International Commercial Arbitration Court of the Chamber of Commerce and Industry of Ukraine. This will certainly enable the Association to harness the existing arbitration knowledge and resources in Ukraine, and contribute to the achievement of its objectives.

As you are aware, UNCITRAL has been developing a strong foundation for commercial arbitration over the past decades. Normative texts of UNCITRAL are generally aimed at facilitating international trade by establishing a modern and harmonized legislative framework. Our standard-making and capacity-building work also extends beyond the legislative level to facilitate the advent of clear and effective solutions for resolving commercial disputes. Key instruments produced or promoted by UNCITRAL in the area of dispute resolution include the:

  • Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention”), currently in force in 147 States parties.
  •  UNCITRAL Model Law on International Commercial Arbitration (1985, as amended in 2006), which provides guidance to national law-makers on developing their domestic legislation on arbitration; and
  •  UNCITRAL Arbitration Rules (as revised in 2010), which can be selected directly by parties to govern the conduct of an arbitration intended to resolve a dispute between them, and may also be chosen by arbitral institutions as their institutional rules (as recently emphasized in the Recommendations to assist arbitral institutions and other interested bodies with regard to arbitration under the UNCITRAL Arbitration Rules adopted in 2012);

At present, UNCITRAL is working on the development of a legal standard on transparency in treaty-based investor-State arbitration. The Secretariat of UNCITRAL has also been developing technical assistance tools, such as the Digest of Case Law on the Model Law on Arbitration, and a website on case law on the New York Convention with the aim of providing guidance on the Convention.

The framework created by UNCITRAL has led to the development of an international arbitration system that is universal and neutral. Arbitration conducted under the UNCITRAL standards is widely accepted in countries with different legal, social and economic systems, and thereby contributes to the development of better business relations. The Secretariat of UNCITRAL stands ready to provide any assistance that may be needed in the country to further promote adoption of these standards.

As the Secretary of UNCITRAL, I wish the Ukrainian Arbitration Association every success in promoting arbitration as a means of commercial dispute settlement in Ukraine.

Yours sincerely, Renaud Sorieul
The Secretary
United Nations Commission on International Trade Law