This material was presented during "One Belt One Road, Dream of The World" Overseas Investment and Legal Services Conference, held in Shanghai in November 2016.
2. Dispute Resolution in Arbitration Courts of
Eastern Europe. Ukraine and Poland -
Making Comparisons.
November 17, 2016
Shanghai, China
3. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
Advantages of Arbitration
Enforceability
NeutralityFinality
AutonomyQuality
4. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
Poland and Ukraine
5. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
Institutional Arbitral Tribunals
Poland Ukraine
Court of Arbitration at the
Polish Chamber of Commerce
In Warsaw (CoA).
International Commercial
Arbitration Court at the Ukrainian
Chamber of Commerce and
Industry in Kiev (ICAC)
242 Arbitrators 549Arbitrators280 114
Cases Cases
6. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
Cost of Arbitration Proceeding
Poland Ukraine
(CoA) (ICAC)
Registration fee 600
Claim Amount
Arbitration fee
Total fees in USD
6200
68008694
8068
626
7. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
Paperwork. Step by Step
Poland Ukraine
(CoA) (ICAC)
AwardHearing
Appointment 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
8. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
Timing of Proceeding
Poland Ukraine
(CoA) (ICAC)
6 monthsup to
Entire Proceeding
9up to months
as per the Rules
9. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
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 years
A foreign arbitral award is to be
submitted for enforcement to a
court of common jurisdiction within
n/a
10. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
Recognition & Enforcement
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;
11. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
Recognition & Enforcement
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.
12. Dispute Resolution in Arbitration Courts of Eastern Europe.
Ukraine and Poland - Making Comparisons.
November 17, 2016
Shanghai, China
End of Presentation