Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry
Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry (MAC at the UCCI) has been established as independent and permanent arbitration body operating at the Ukrainian Chamber of Commerce and Industry in accordance with the Law of Ukraine “On international commercial arbitration”, Statute and Rules of MAC at the UCCI.
MAC at the UCCI consists of Presidium, President and Vice-Presidents, Secretariat and arbitrators according to the Recommendatory List approved by Presidium of the Ukrainian Chamber of Commerce and Industry.
Approved list of MAC arbitrators includes the recognized experts – leading lawyers practicing in maritime law and international merchant shipping. There are both Ukrainians and citizens of other states. MAC arbitrators are independent and impartial in dispute settlement. In the process of initiating arbitration proceedings arbitrators shall be appointed either by the parties or by President of the Ukrainian Chamber of Commerce and Industry.
Statute and Rules of MAC at the UCCI
While settling disputes, arbitrators refer to the Statute and Rules of MAC at the UCCI. Statute of MAC at the UCCI is set forth in Supplement No. 2 to the Law of Ukraine “On international commercial arbitration”.
Rules of MAC at the UCCI are valid in the wording approved by Decision of the Presidium of the Ukrainian Chamber of Commerce and Industry No. 18(1) dd. the 17th of April 2007 with amendments made by Decision of the Presidium of the Ukrainian Chamber of Commerce and Industry No. 24(6) dd. the 25th of October 2012.
Disputes to be settled by MAC at the UCCI
MAC competence covers settlement of disputes arising in the process of commercial and civil relationship, in particular, concerning merchant shipping.
Arbitration settles disputes regarding vessel chartering, sea and multimodal cargo transportation, towage and maritime insurance, vessel sale and purchase, lien and repair, pilotage and ice-breaking, salvage and collision at sea, agent and other services for sea-going vessels, scientific, research and other sea works as well as disputes arising from other relationship, including adjacent, within the arbitration competence under contract or agreement.
MAC at the UCCI advantages against other arbitration institutions
- MAC at the UCCI settles disputes irrespective of the fact, whether subjects of the dispute are both Ukrainian and foreign entities or either Ukrainian or foreign entities only.
- According to prescribed rules, total term of case consideration by MAC shall not exceed 6 months from the date of forming the Arbitration Tribunal. The term may be prolonged by the Presidium at the reasonable request of the Arbitration Tribunal or one of the parties, if necessary. In practice such need may occur in order to perform or to complete any procedural actions.
- The President is entitled to make a decision on claim security including in the form of order on ship or cargo arrest, if their location at the Ukrainian port is known. Arbitration Tribunal may also recognize the court’s security measures as compliant with arbitration agreement.
- Arbitration language shall be either Ukrainian or Russian. The parties are entitled to agree any other arbitration language.
- Arbitration at MAC at the UCCI shall comply with law provisions selected by the parties as applicable to subject of the dispute.
- MAC at the UCCI awards shall be final and enforced by the parties voluntarily. Under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, MAC at the UCCI awards shall be recognized and enforced at the foreign jurisdictions.