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International Arbitration: New Horizons

International Arbitration: New Horizons

Kseniya Datsenko
Legal Week

International Arbitration: New HorizonsAt the end of September in Batumi (Georgia) annual international conference Role of Amicable Dispute Resolution in Settlement of International Private Law Disputes with Participation of Southern Caucasus Countries (Armenia, Azerbaijan, Georgia) took place. Arbitrators of International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry Kseniya Datsenko and Andrey Klimchuk participated in this event too. The conference organizers were the following: from Polish side Arbitration Court at Chamber of Commerce of Nowy Tomysl, Polish Association of Arbitration and Mediations, Poznan, from Georgian side Chamber of Commerce and Industry of Autonomous Republic of Adzharia in Batumi, Shota Rustaveli Batumi State University with informational support of Legal Week paper. It was the fourth event from cycle Arbitration and Mediation in Central and Eastern European Countries and Some Asian Countries that collected traditionally mediators, practicing lawyers and representatives of business community interested in information about actual events and advanced experience in the field of international commercial arbitration. 

More than 20 reports were offered to the audience attention concerning mainly theoretical aspects of implementation and development of mediation. Just so, the Chairman of International Arbitration Court at Chamber of Commerce and Industry of Adzharia, lecturer of international law of Shota Rustaveli Batumi State University Rostom Guntaishvili concentrated attention of the audience on problems of legal regulation of amicable agreements in arbitration procedures of Georgia.

The Chairman of International Commercial Arbitration Court of Azerbaijan Vidadi Mirkamal told about practice of alternative dispute settlement in Azerbaijan. According to opinion of Mr. Mirkamal, the arbitration proceeding in Azerbaijan is notable for its procedural and substantive flexibility. For example, parties can agree   on consideration of case on the basis of presented documents during established period with assuming as a basis only one criterion justice. The Chairman of Association of Arbitrators of Georgia, member of European Arbitration Chamber, the Chairman of Tbilisi Arbitration Court Varlam Badzagua analyzed the specific character of institutions of Amicable Dispute Resolution in Caucasian region. The Head of Polish Association of Arbitration and Mediation in Poznan, the Chairman of Arbitration Court at Chamber of Commerce of Nowy Tomysl Wlodzimierz Brych characterized problems of functioning of arbitration courts and tribunals in Poland. 

The conference participants perceived with interest the speech of arbitrator of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry Andrey Klimchuk who told about international arbitration in Ukraine in the context of dispute settlement with participation of business entities from Azerbaijan, Armenia and Georgia. Just so, during 19 years of its existence the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry considered about 7 thousand cases with participation of parties from 110 countries of the world. Among them 218 cases were cases with participation of parties from Georgia, Armenia and Azerbaijan: 90 cases with participation of respondents and 6 cases with participation of plaintiffs from Georgia, 76 cases with participation of respondents and three cases with participation of plaintiffs from Azerbaijan, 37 cases with participation of respondents and 6 cases with participation of plaintiffs from Armenia. The informational table was presented to the conference participants with indication of number of cases with participation of parties from Georgia, Armenia and Azerbaijan considered by International Commercial Arbitration Court. 

Andrey Klimchuk underlined that during the last period, according to data of 2010, there were 700 cases in proceedings of International Commercial Arbitration Court in which parties were representatives of 57 countries including 45 far-abroad countries and 10 CIS counties. On the basis of claims of residents of Ukraine 13 cases came to respondents from Georgia, on the basis of claims to respondents from Armenia six cases came, to respondents from Azerbaijan two cases came. Totally 22 cases were considered in 2010 with participation of parties from the indicated countries.

The speaker noted that disputes between entrepreneurs, for example from Georgia and Armenia, Armenia and Azerbaijan or Azerbaijan and Georgia had never come to International Commercial Arbitration Court. As a rule, Ukraine was one of the parties in cases with participation of representatives of the indicated countries. Therefore, the speech subject proposed by the conference organizers and indicated in its program was clarified by the speaker: International Arbitration in Ukraine in the Context of Dispute Settlement with Participation of Business Entities from Azerbaijan, Armenia, Georgia and Ukraine. The Chairman of International Arbitration Court at Chamber of Commerce and Industry of Republic of Kazakhstan Valeriy Zhakenov told about activity and development of international arbitration in Kazakhstan. Arbitration courts (tribunals) appeared in Kazakhstan in 1993 and they were developed not very quickly, but according to the plan. Now there are about 15 arbitration courts (tribunals) in Kazakhstan. The most known are the following: Kazakhstan International Arbitration, International Tribunal JUS and International Arbitration Court at Chamber of Commerce and Industry of Republic of Kazakhstan.

Dilyara Nigmatulina (Association of International Arbitration, Brussels) told about the practice of work of International Center on Investment Dispute Settlement with participation as respondents of Armenia, Azerbaijan and Georgia. The Director of International Center of Non-Governmental Dispute Settlement (Kazan) Olga Yufimova gave coverage to problems of tribunal proceedings in Russia. The President of Vilnius Arbitration (Vilnius, Lithuania) Juozas atas delivered the report European Arbitration Center: Status, Structure, Activity. Mr. atas told in particular about arbitration fees. Thus, Vilnius Arbitration differentiates suit (claim) registration fee and fee for honorarium and administrative expenses. At lodging of suit (claim) to arbitration plaintiff shall pay irrevocable registration fee  in the amount of 400 and at the same time  (or later, however, before consideration of the case on the merits) it shall pay fee for honorarium and administrative expenses that should be calculated depending on the claim amount pursuant to a series of indicators. Honorarium and administrative expenses should be increased by 75 %, if the Arbitral Tribunal is composed of three arbitrators. If the claim is recalled before the Arbitral Tribunal has been composed, the whole sum of honorarium and administrative fee should be returned to plaintiff.

The conference participants perceived with interest the report of the Co-Chairman of International Arbitration at Chamber of Commerce and Industry of Adzharia Paata Kopaleyshvili about common law of Georgia, as well as reports of Robert Chikhors and Maria Rapp (Poland) about Internet use as a method for development of arbitration and mediation in Europe and Asia.

Mediation became a separate subject. Thus, work of Coalition on Mediation Development in Ukraine was analyzed by mediator and representative of the indicated coalition Tatyana Khudyakova. Lawyer, mediator and psychologist Irina Kalinskaya (Ukraine) told about mediation as a method for decrease of proneness to conflict and about stress resistance factor of the community.

National arbitrators being the conference participants could not only make acquaintance, intercommunicate and exchange opinions with foreign colleagues, have a look at tourist potential of Adzharia (visit House of Justice, Gonio Fortress), but also could tell about successful work experience of Ukrainian International Commercial Arbitration Court, that is the leader in consideration of foreign economic disputes, answer  many questions, as well as invite on behalf of the Chairman of the International Commercial Arbitration Court Nikolay Selivon all wishing persons to international conference International Commercial Arbitration in Ukraine and in the World: Yesterday, Today, Tomorrow dedicated to the 20th anniversary of International Commercial Arbitration Court  at the Ukrainian Chamber of Commerce and Industry that will take place in May 2012 in Kiev.

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