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#1 2004 |
World Link
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World LinkSpring'07 |
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 International Law Offices
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Court of International Commercial Arbitration
The Court of International Commercial Arbitration is an independent, permanently functioning arbitral institution that carries out its functions in accordance with the Law of Ukraine on International Commercial Arbitration.
The Chamber of Commerce and Industry of Ukraine approves the Rules of the Court of International Commercial Arbitration, the schedule of arbitration fees, the rates of arbitrators' fees and other expenses of the Court, and assists the Court in other ways to discharge its duties.
Pursuant to an agreement of the parties, the following may be referred to the Court of International Commercial Arbitration:
- disputes resulting from contractual and other civil law relationships arising in the course of foreign trade and other forms of international economic relations, provided that the place of business of at least one of the parties is situated abroad; as well as
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disputes arising between enterprises with foreign investment, international associations and organizations established in the territory of Ukraine, disputes between their participants, as well as their disputes with other legal entities in Ukraine.
Foreign economic relationships, resulting in disputes that may be referred to the Court of International Commercial Arbitration include, in particular, any transactions for the sale/purchase (delivery) of goods, contracts of service and labor, exchange of goods and/or services, carriage of goods or passengers, commercial representation and agency, leasing, scientific-technical exchange, exchange of other results of intellectual activity, construction of industrial and other works, licensing operations, investment, financing, insurance, and joint ventures and other forms of industrial and business cooperation.
Maritime Arbitration Commission
The Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry permanently functioning arbitral institution that carries out its functioning in conformity with the Law of Ukraine On International Commercial Arbitration of 24 February 1994, the Statute on the Maritime Arbitration Commission at the UCCI and the Rules.
The Maritime Arbitration Commission shall settle disputes arising from contractual and other civil law relationships in the area of merchant shipping, irrespective of whether the parties to a relationship include both Ukrainian and foreign entities, or whether the parties are only Ukrainian entities or only foreign entities.
Fees
The fees for arbitration at the Court of International Commercial Arbitration and Maritime Arbitration Commission at the Chamber of Commerce and Industry of Ukraine shall be calculated depending on the amount of the claim according to the following schedule (in USD):
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• Up to 50,000 - 6% of the claim amount, but not less than 600;
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• 50 001 till 100 000 - 3,000 + 4% of the claim amount exceeding 50,000;
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• 100 001 till 200 000 - 5,000 + 3% of the claim amount exceeding 100000;
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• 200 001till 500 000 - 8,000 + 2% of the claim amount exceeding 200 000;
- • 500 001 till 1 000 000 - 14,000 + 1% of the claim amount exceeding 500 000;
- • 1,000,001 till 5,000,000 - 19,000 + 0.5% of the claim amount exceeding 1 000,000;
- • exceeding 5,000,001 - 39,000 + 0.3% of the claim amount exceeding 5,000,000.
Recommended clause
Parties of the contract wishing their disputes to be referred to the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce & Industry or Maritime Arbitration Commission are recommended to include at least the following arbitration clause into their contract:
"Any dispute arising out of the present contract or in connection with it is to be referred for consideration and final settlement to the International Commercial arbitration Court (or Maritime Arbitration Commission) at the Ukrainian Chamber of Commerce and Industry. The parties agree that as to the consideration and settlement of the dispute the Rules of the International Commercial arbitration Court (or Maritime Arbitration Commission) at the Ukrainian Chamber of Commerce and Industry shall apply."
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our company will be glad to assist you in this respect.
Please do not hesitate to contact us.
© 2007
International Law Offices | |
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| 20 november 2008 The law firm International Law Offices became a contributor of the annual project of the professional investigative edition Doing Business 2009.
Doing Business 2009 is a joint publication of the group the World Bank, the International Finance Corporation and Palgrave Macmillan.
Doing Business 2009 is the sixth in a series of annual reports investigating the regulations that enhance business activity and those that constrain it. The present publication covers data on economies of 118 countries from Afghanistan to Zimbabwe.
The publication presents 10 stages of the life of a business.
more details… | |
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| 14 november 2008 “BUSINESS IN UKRAINE” is the first brochure representing collected works of the authors of International Law Offices that opened series of the same name.
Publication was timed to the event organized by International Law Offices – the conference Doing Business in Ukraine: Odessa and Odessa region that was held in October of 2008.
Creators of the present publication are considerable composite authors of the firm that have done their best to consolidate the whole materials prepared and published in various Ukrainian and foreign editions during 2006-2008.
more details… | |
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| 30 october 2008 In 2008 International Law Offices made its contribution into the large-scale printing project Getting the Deal Through series, section Shipping, by publication of the information review on Ukraine in this professional edition that is one of the influential in Europe and in the world in publication of reviews on shipping. Getting the Deal Through prepares comparative analysis for practice lawyers and corporations in different sectors of the economy in some countries.
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| 28 october 2008 Use of the FCR in Ukraine
By partner Arthur Nitsevych
Published in Forwarderlaw.com – the comprehensive resource for legal information on freight forwarding global logistics.
16th of September, 2008
The present article written by partner of the Law Firm International Law Offices Arthur Nitsevych, CNI, is dedicated to the FIATA FCR.
“…Technological progress results in development of the social relations. New forms of transport documentation appear in the field of forwarding. And even nowadays Ukraine adopts the world experience in application of the traditional forms. ..”
The full text of the article you may find here
http://www.forwarderlaw.com/library/view.php?article_id=524&highlight=Arthur+Nitsevych
or at the web-site of ILO in Articles & Publications directory.
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| 18 september 2008 International Law Offices , Ukraine support Royal Haskoning in due diligence work within the frame of projects credited by EBRD and European
institutions.
Royal Haskoning is an independent, worldwide operating
consultancy firm. The firm was founded in 1881 in the Netherlands. At
present, 4300 employees combine a wide range of knowledge and experience.
Royal Haskoning offers multidisciplinary and integrated services locally,
based on experience built globally. RH says that ":.experience in working in
Ukraine learns that the language issue is the key issues to overcome in each
and any assignment..." RH has established, over the last couple of years a
useful local network of professionals working in the maritime industry".
Such staff plays a very important role in supporting the technical team in
undertaking their due diligence work. In addition RH maintains "a close
business relationship with Limited Liability Company "International Law
Offices" (ILO), who are the lead legal service provider in the country's
maritime and ports sector. ILO operate a full-fledged office in Odessa and the company is able to provide the team with all the necessary logistics
support in the country."
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| 15 july 2008 A new article of Arthur Nitsevych, partner of ILO, was published in June 2008 in the magazine PROJECT FINANCE and was dedicated to the Public-private partnership opportunities in Ukraine.
The public-private partnerships (PPP) concept has been widely spread around the world in recent years. In view of the economic upturn in Ukraine the state and municipal property in different sectors requires reconstruction, innovation, high operation and maintenance standards. Let’s review the viability of legal framework schemes to get the idea if projects may be procured.
The full text of the article is on the web-site in Articles & Publications directory.
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