International arbitration News, analytics and practice

5Apr/10Off

Prove that arbitration does exist!

Probably there is no guide on how to draft an arbitration clause properly that does not recommend to specify the arbitral institution or administering body correctly.

Naming an institution to administer the arbitration proceeding or to appoint the arbitrators if the institution never existed, is misnamed in the clause or refuses to act, is one of the examples of pathological arbitration clauses. It is so in doctrine and in international practice. But how do Ukrainian courts decide if there are any doubts concerning the name of the institution?exists Prove that arbitration does exist!

4Mar/10Off

Intention to arbitrate or Pathological arbitration clause?

With this post we continue the Ukraine – arbitration-friendly jurisdiction set of comments. We already discussed the approach that was typical for Ukrainian courts concerning the validity and enforceability of ad hoc arbitration clauses till recent times. Ukrainian courts’ practice still is not a pro-arbitration one. However, there is the understanding of difference between a pathological arbitration clause and a poorly drafted clause which though may be rescued. mistakes in arbitration 500x466 Intention to arbitrate or Pathological arbitration clause?

9Feb/10Off

Ad hoc arbitration

This is the second post in the Ukraine – arbitration-friendly jurisdiction set of comments after the post dedicated to Ukrainian “perception” of the Arbitration Institute of the Stockholm Chamber of Commerce.

It may sound strange, but in some cases the practice of Ukrainian courts concerning recognition and enforcement of foreign arbitration awards is based not on laws and international treaties that specify international obligations of Ukraine to recognize and enforce the awards, but on domestic currency control rules and even tax legislation. Let the currency control rules be formally interpreted, which was the case during several years, and you may come to a ridiculous result: the monopoly of the International Commercial Arbitration Court and the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry “on the market” of resolution of disputes where one party is a Ukrainian entity.

ad hoc