Arbitration in Poland and Ukraine. Making Comparison (2016)

Lexcellence Law OfficeOdessa, Ukraine

Dispute Resolution in Arbitration Courts of Eastern Europe. Ukraine and Poland - Making Comparisons.

November 17, 2016Shanghai, China



Advantages of Arbitration

Enforceability

NeutralityFinality

AutonomyQuality



Poland and Ukraine



Institutional Arbitral Tribunals

Poland Ukraine

Court of Arbitration at the Polish Chamber of CommerceIn Warsaw (CoA).

International Commercial Arbitration Court at the UkrainianChamber of Commerce and Industry in Kiev (ICAC)

242 Arbitrators 549Arbitrators280 114Cases Cases



Cost of Arbitration Proceeding

Poland Ukraine

(CoA) (ICAC)

Registration fee 600

$100,000Claim Amount

Arbitration fee

Total fees in USD

6200

680086948068

626



Paperwork. Step by Step

Poland Ukraine

(CoA) (ICAC)

AwardHearingAppointment of Chairman of the

Arbitral Tribunal by arbitrators

Documents and Letter of

Appointment sent to Claimant’s and Respondent’s arbitrators

Submission of response to the

Claim and appointment of

arbitrator by Respondent

Appointment of arbitrator by

Claimant

Statement of Claim sent to Respondent

Statement of Claim

+Registration Fee

The File



Timing of Proceeding

Poland Ukraine

(CoA) (ICAC)

6 monthsup to

Entire Proceeding

9up to monthsas per the Rules



Recognition & Enforcement

Poland Ukraine

(CoA) (ICAC)

Both countries are signatories to the Convention on Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

3 yearsA foreign arbitral award is to be submitted for enforcement to a court of common jurisdiction within

n/a




Poland Ukraine

(CoA) (ICAC) Recognition or enforcement of a foreign arbitral award can be refused upon a motion of a party if:

(i) there was no arbitration agreement; (ii) the arbitration agreement is not valid or has lost its effectiveness;

(iii) the party was not given proper notice of the appointment of an arbitrator, or of the arbitral proceedings, or it was otherwise unable to present its case before the arbitral tribunal;




Poland Ukraine

(CoA) (ICAC) Recognition or enforcement of a foreign arbitral award can be refused upon a motion of a party if:(iv) the arbitral award deals with a dispute not covered by or beyond

the scope of the arbitration agreement; (v) the composition of the arbitral tribunal or the arbitral procedure was violated;

(vi) the arbitral award has not yet become binding for the parties or has been set aside or the enforceability thereof has been suspended by the court in which, or under the law of which, the award was made.



End of Presentation

Lexcellence Law OfficeOdessa, Ukraine

Arbitration in Poland and Ukraine. Making Comparison (2016)

Law

Transcript of Arbitration in Poland and Ukraine. Making Comparison (2016)