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20th Anniversary of the ICAC at the Ukrainian UCCI

Conference that gathered experts of international arbitration of Europe and Asia

Conference that gathered experts of international arbitration of Europe and Asia On 24 May 2012 in the conference hall of the Ukrainian Chamber of Commerce and Industry the International Commercial Arbitration Court at theUkrainian Chamber of Commerce and Industry held the international research and practice conference titled International Commercial Arbitration in Ukraine and theWorld: yesterday, today, tomorrow, dedicated to the 20th anniversary of theICAC attheUCCI.

The anniversary conference brought together about 190 participants from 21 countries, namely: Austria, Azerbaijan, Armenia, Belgium, Bulgaria, Great Britain, Germany, Kazakhstan, Latvia, Moldova, Netherlands, Poland, Russian Federation, Serbia, Slovakia, Finland, France, Czech Republic, Sweden, Estonia and Ukraine.

The conference was attended by the representatives of foreign arbitration institutions such as ICC International Court of Arbitration, International Arbitration Centre of the Austrian Federal Economic Chamber, Azerbaijan Arbitration and Mediation Center, Arbitration Court at the Chamber of Commerce and Industry of the Republic of Armenia, Belgian Center for Arbitration and Mediation (CEPANI/CEPINA), Arbitration Court at the Bulgarian Chamber of Commerce and Industry, Chartered Institute of Arbitrators (London), Kazakhstan International Arbitration, Court of Arbitration at the Latvian Chamber of Commerce and Industry, International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Republic of Moldova, Court of Arbitration at the Polish Chamber of Commerce, Court of Arbitration at Nowy Tomyśl Chamber of Commerce (Poland), ICAC and MAC at the RF Chamber of Commerce and Industry, Foreign Trade Court of Arbitration attached to the Chamber of Economy of Serbia, Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, Arbitration Court at the Slovak Chamber of Commerce and Industry, Arbitration Institute of the Stockholm Chamber of Commerce, Court of Arbitration of the Estonian Chamber of Commerce and Industry as well as by the arbitrators of the ICAC and MAC at the UCCI, prominent scientists of Ukraine and other countries, representatives of the judicial authorities of Ukraine (judges of the Supreme Court of Ukraine, High Specialized Court of Ukraine for Civil and Criminal Cases, the Supreme Economic Court of Ukraine), attorneys and lawyers. Of particular note is the participation in the conference of the 14 heads of arbitration institutions of Europe and Asia.

Conference that gathered experts of international arbitration of Europe and Asia At the beginning of the conference, the participants were shown a documentary film made by joint efforts of the Chamber of Commerce and Industry of Ukraine and the ICAC about Academician Igor Pobirchenko, founder of international commercial arbitration in Ukraine and unchangeable President of the ICAC and MAC at he UCCI during 18 years, who passed away in April this year.

The conference was opened with a short introductory word of Mykola Selivon, President of the ICAC and MAC at the UCCI, then the participants of the conference were greeted with welcome speech by Sergiy Skrypchenko, President of the Ukrainian Chamber of Commerce and Industry, V. Kolesnichenko, Member of Parliament of Ukraine, Inna Yemelyanova, First Deputy Minister of Justice of Ukraine, Vadim Chubarov, Vice President of the Chamber of Commerce and Industry of the Russian Federation, Anton Baier, President of the International Arbitration Centre of the Austrian Federal Economic Chamber, A. Kvasnevsky, Vice President of the Union of Lawyers of Ukraine.

28 reporters and moderators - representatives of the worlds leading arbitration institutions, scientists, judges, prominent lawyers from Ukraine and abroad (Azerbaijan, Great Britain, Kazakhstan, Poland, Russian Federation, Serbia, Finland, France, Sweden) took part in the work of four sessions of the conference.

The conference considered the current issues of further development of the international commercial arbitration both in Ukraine and the world, improvement of the arbitral procedures and their legal regulation, ensuring arbitrators independence and impartiality, interaction between state courts and arbitration institutions.

At the first session of the conference President of the ICAC and MAC at the UCCI Mykola Selivon presented the report on the history of the ICAC and MAC at the UCCI, achievements of arbitration institutions during 20 years of operation, prospects of development of arbitration in Ukraine and experience gained during this period.

Conference that gathered experts of international arbitration of Europe and Asia At this session much attention was also paid to such an important concept for international arbitration as arbitrability of disputes. Alexei Kostin, President of the ICAC and MAC at the RF CCI, in his report told about the problems arising with the arbitrability of certain categories of disputes in the Russian Federation and the successes in this field, and Leena Lehtinen, a professor from Finland, in her speech confirmed that the question of arbitrability of disputes was actual in other European countries too.

Much debate among the audience aroused the report of Liudmyla Vynokurova, Vice President of the ICAC at the UCCI, dedicated to some aspects of application of the Law of Ukraine On the Procedure for Payments in Foreign Currency, as the problem discussed by the reporter appeared to be very relevant and burning for the Ukrainian participants of the conference.

Professor Nina Vilkova (Russian Federation) in her report drew the participants attention to the possibility of application in practice of a number of recommendatory acts of international organizations, in particular, the Guidelines for drafting an arbitration agreement 2010, Recommendations on the Establishment of the applicable law content in international commercial arbitration 2008, Rules of evidence in international arbitration
2010.

Interesting from the attorneys point of view of international arbitration have been reports of Juliya Chernykh (International Law Group Arbitrade) and Markian Malskyy (Arzinger).

Conference that gathered experts of international arbitration of Europe and Asia The second session of the conference was devoted to the issue of interaction between state courts and international arbitration, and was particularly interesting because it was attended by the arbitrators of the ICAC at the UCCI (Olexandr Krouptchan, Yuriy Prytyka, Kai Hober (Sweden), Alida Mahmudova (Azerbaijan), Tetyana Zakharchenko) as well as by the representatives of the judicial authorities of Ukraine the judge of the Supreme Court of Ukraine (Vasyl Humenyuk) and judges of the High Specialized Court of Ukraine for Civil and Criminal Cases (Olena Yevtushenko and Mykhailo Makarchuk). During this session, the problems of setting aside, recognition and enforcement of arbitral awards, court practice of consideration of the above issues, as well as the problem of application of interim measures in international arbitration have been discussed. The reported problem aroused great interest and active discussion among the audience, and showed that there were unresolved issues in this field in Ukraine that should be settled both at the level of the judicial authorities, as well as at the national level. In particular, it was uttered an opinion on the necessity to refer the issues on setting aside and enforcement of arbitral awards to the jurisdiction of the courts of appeal.

The third session was interesting primarily because its reporters were the representatives of various arbitration institutions - Galina Zukova, counsel of the ICC International Court of Arbitration, Annette Magnusson , Secretary General of the Arbitration Institute of Stockholm Chamber of Commerce, Sergei Lebedev and Alexander Komarov , arbitrators of the ICAC at the RF CCI, Per Runeland, fellow Member of the Chartered Institute of Arbitrators, Volodymyr Luts, arbitrator of the ICAC at the UCCI, and moderator of the session - Alexander Ćirić - a representative of the Foreign Trade Court of Arbitration attached to the Chamber of Economy of Serbia. The Speakers shared with the audience the problems and tendencies of development of the arbitration institutions they represented, as well as touched upon the issue of applicable law in international arbitration.

The last - the fourth session of the conference - was devoted to arbitrators as the basis of any arbitration, increasing requirements for impartiality and independence of arbitrators, the level of their professionalism and skills and their relation to arbitral institutions. The success of the session was provided not only by its topic and speakers, but also by its moderator - Professor Tamara Abova - a generally recognized authority in the field of civil law and arbitration, Merited Scientist of the Russian Federation.

Interesting reports on the session topic were presented by Vladimir Khvalei, Vice-President of the ICC International Court of Arbitration, Olexandr Krouptchan, arbitrator of the ICAC at the UCCI, N. Kuznetsova, Academician of the Ukrainian National Academy of Law Sciences, Włodzimierz Brych, President of the Court of Arbitration at Nowy Tomyśl Chamber of Commerce, Christer Sӧderlund, the attorney from Sweden. Tatyana Slipachuk, arbitrator of the ICAC at the UCCI, in her report raised an interesting topic of how to struggle against procedural diversions on the part of the legal representatives of the parties, urging the audience, among which there were many representatives of the Ukrainian law firms, to observe professional ethics when representing interests of enterprises and companies in arbitration.

After each of the four sessions of the conference participants of the conference were given the opportunity to ask the reporters a question or present their comments on the issues highlighted in the reports.

Conference that gathered experts of international arbitration of Europe and Asia Conference participants were presented with the conference materials, including two books prepared by the ICAC at the UCCI - a collection of regulatory acts governing the activities of international commercial arbitration in Ukraine, and a collection of articles of arbitrators of the ICAC at the UCCI titled "International Commercial Arbitration in Ukraine and the World: yesterday, today tomorrow ", as well as the book published under the general editorship of Igor Pobirchenko - "International Commercial Arbitration in Ukraine: theory and legislation" and "Practice of the ICAC at the UCCI: foreign economic disputes". In memory of Igor Pobirchenko his book "Memoirs, documents, reflections" was also circulated.

On the day of the conference the ICAC at the UCCI and the Belgian Center for Arbitration and Mediation (CEPANI/CEPINA) signed a cooperation agreement.

The work of the conference of 24 May 2012 ended with a banquet dedicated to the 20th anniversary of the ICAC at the UCCI, to which all the participants were invited.

On 25 May 2012 the foreign conference participants, moderators and reporters were invited for a trip to the Kyiv Regional Chamber of Commerce and Industry (Bila Tserkva city). Oleksandr Ryabokon, President of the Kyiv Regional Chamber of Commerce and Industry, made a presentation of the Chamber and the functions performed by it to promote business and cooperation between enterprises of Kyiv region and foreign companies, told about the possibilities of the Kyiv region in attracting foreign investment. Afterwards the guests were also invited for the excursion to the "Alexandria" State Dendrology Park and a short concert program of the Ukrainian artistic groups.

The ICAC at the UCCI is grateful to all the conference participants for their interest in international arbitration, for the congratulations on the anniversary and kind words addressed to the ICAC at the UCCI, and expresses special thanks to the moderators of the sessions (Mykola Selivon, Olexandr Krouptchan, Alexander Ćirić and Tamara Abova) as well as to all the reporters who raised the level of the conference and gave it a special significance, and the management of the Kyiv Regional Chamber of Commerce and Industry for the organization of the outdoor event.

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