INTERNATIONAL COMMERCIAL ARBITRATION
- Amicable settlement of disputes
- Local, Administrative and Commercial Courts
Relationships in Transport, Shipping and International Trade are always accompanied by claims and disputes. But by no means all of them will result in defeat of one of the parties. Interlegal is proud of its skill to achieve Client’s goals by amicable settlement.
For many years experts of Interlegal effectively represent clients in courts and arbitrations in the countries of the Black Sea (Ukraine, Russia, Georgia, Turkey, Moldova , Bulgaria) and actually enforce court decisions and arbitration awards.
For example, the right of a shipowner to declare a lien on cargo is inherent to sea carriage contracts. And Ukraine recognizes the concept of a lien on cargo. Also, Ukraine is a signatory to the 1952 Ship arrest Convention. However, local procedural inconsistencies when you arrest a vessel still prevent from full benefits.
Of course, the most popular choice for maritime arbitration is London. The majority of standard form charter parties, international sale contracts, salvage contracts, reinsurance and P&I Club Rules provide for London arbitration and in particular arbitration at the LMAA (London Maritime Arbitrators’ Association). Many bills of lading incorporate the arbitration clause in the charter party under which the bill is issued.
In Ukraine there is Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry, an independent permanent arbitration institution operating under the Act of Ukraine On International Commercial Arbitration of 24 February 1994, the Statute on the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry (Annex No.2 to this Act) and the Rules, approved by the Decision of the Presidium of the Ukrainian Chamber of Commerce and Industry No.18(1) of 17 April 2007, as amended by the Decision of the Presidium of the Ukrainian Chamber of Commerce and Industry No.24(6) of 25 October 2012. This tribunal shall settle disputes arising out of contractual or other civil law relationships in the area of merchant shipping regardless of the fact whether the subjects of Ukrainian and foreign law or either exclusively of Ukrainian or of foreign law is the participants of such relationships.
Number of cases settled by arbitration at national Chambers of Commerce and Industry has been growing every year, due to convenient and short-term dispute settlement procedure, as compared to state court proceedings, competence of recommended arbitrators and an opportunity to enforce the arbitration award at foreign jurisdictions.
Interlegal practice shows positive trend and advantages of dispute settlement by such arbitration institutions as ICAC at the UCCI, MAC at the UCCI and MAC at the CCIRF.
Is Russia an arbitration-friendly jurisdiction?30.07.18more
Statistics of case consideration at the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry17.04.18more
The new Rules of the ICAC at the Ukrainian CCI: Overview of novelties16.11.17more
Attachment of assets of non-residents during the enforcement of decisions and awards in Ukraine13.07.17more
The ICAC at the UCCI as one of qualified options of alternative disputes resolution15.06.17more
Notice of Readiness and Demurrage: Geographical Issues in the LMAA Arbitration Award20.04.17more
Automatic application of LMAA Small Claims Procedure: to apply or not to apply?22.02.17more
How to turn an arbitral award into recovery of damages: experience of successful recognition of the arbitral award in Georgia28.11.16more
Cargo Shortage Fines – Turkey01.08.16more
Commercial Court Practice upon Ship Arrest in Ukraine27.10.16more