Ukrainian Chamber of Commerce and Industry International Commercial Arbitration Court and Maritime Arbitration Commission

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Contents

[edit] General Information

  • Official name: Ukrainian Chamber of Commerce and Industry International Commercial Arbitration Court and Maritime Arbitration Commission
  • Country: Ukraine
  • City: kyiv
  • Type of organization: non-government independent organization
  • Date of creation: 1992
  • Interests: Arbitration
  • Fields of expertise: Commercial & Maritime Disputes

[edit] Description

[edit] Origin

It was on February 12, 1912 at the Kyiv Commercial College that the south-west branch of the Russian Export Chamber had its Constituent Assembly to establish an institution which spread its activities over then Kyiv, Podillya and Volyn provinces. It was a starting-point of the chamber movement in Ukraine in the 20th century.

Speaking at the Assembly meeting Dr. Mitrofan Dovnar-Zapolski, the first chairman of the board, said:

  • “International relations are based to a great extent now on trade relations. On the other hand the competition in trade in the world market has driven us to such limits and worked out such forms that an individual enterprise however strong it may be cannot act alone in the world market... Hence there is a need in institutions that could unite the persons concerned in a joint effort. And these institutions are trade and export chambers. They are to gain voice and weight in working out various issues currently facing the state and measures of the state pertaining to industry and commerce.”

Noteworthy that after the period of social turmoil and civil war of 1917 to 1921 one of the first organizations to be re-established by Soviet Government was the Export Chamber as a non-government independent body.

A branch of the Russian-Eastern chamber began functioning in Kharkiv (Ukraine) in 1924. A year later a Ukrainian-Eastern Chamber of Commerce replaced it on the initiative of Ukraine’s government.

Changes in Soviet policy and economy to a certain extent affected the chambers which remained formally independent. The chamber movement expanded covering all regions of Ukraine with its branches, and subsidiaries.

The Ukrainian Chamber of Commerce and Industry was established in 1972 on the basis of a branch of the USSR Chamber of Commerce whereas as the chamber of an independent state it began actively operating since 1992. On December 2, 1997 a Law On the Chambers of Commerce and Industry in Ukraine was adopted by the Ukrainian Parliament (Verhovna Rada).

The Ukrainian Chamber of Commerce and Industry according to the law is a non-government non-profit self-governing organisation incorporating on a voluntary basis legal entities and Ukrainian citizens registered as entrepreneurs as well as their associations.

[edit] About the Industry International Commercial Arbitration Court

International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC at the UCCI) is an independent permanent arbitration institution (third-party tribunal) which activities are regulated by the Law of Ukraine On International Commercial Arbitration of 24 February, 1994 and the Rules of the International Commercial Arbitration Court at the UCCI.

ICAC at the UCCI takes into consideration disputes according to its jurisdiction only in case of the presence of written agreement of the parties to refer to it all or certain disputes arising in connection with any concrete relationships nevertheless of their contractual or non-contractual character.

Arbitration agreement could be made as arbitration clause in the contract or as separate agreement.

The way of application to the ICAC and the order of proceedings are governed by the Rules of the International Commercial Arbitration Court. The amount of arbitration fee to be paid is determined by the Schedule on arbitration fees and costs.

Awards of the ICAC at the UCCI are final and obligatory for the parties and in a case of their refuse to execute them voluntarily are enforced according to the New-York Convention on recognition and enforcement of foreign arbitral awards (1958) in the place of the location of a debtor.

[edit] About the Maritime Arbitration Commission

The Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry (MAC at the UCCI) permanently functioning arbitral institution (third-party tribunal), that carries out its functioning in conformity with the Law of Ukraine On International Commercial Arbitration of 24 February 1994, the Statute on the Maritime Arbitration Commission at the UCCI and the Rules.

The Maritime Arbitration Commission shall settle disputes arising from contractual and other civil law relationships in the area of merchant shipping, irrespective of whether the parties to a relationship include both Ukrainian and foreign entities, or whether the parties are only Ukrainian entities or only foreign entities.

The MAC at the UCCI shall entertain disputes in a case of the availability agreement (arrangement) by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between the parties in respect of defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of arbitration clause in the contract or in the form of a separate agreement.

The procedure of application into MAC is determined by Rules of Maritime Arbitration Commission at the UCCI, the Arbitration Fee charged when submitting the statement of claim is fixed by the Provisions of Arbitration Fees and Charges that are considered to be the Annex to the Rules. The Arbitration Awards of MAC at the UCCI are the executive instruments that are equated to Judgments of State Courts.

Maritime Arbitration Commission Awards are executed by the parties voluntarily in the stipulated period and under the terms of refusal to execute the latters voluntarily they are carried into effect in the way of forced procedures, abroad including, on the basis of the New York Convention provisions dated 1958 "On Foreign Arbitration Awards Acknowledgement and Enforcement".

It is incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, a court to order interim measure of protection and for a court to take a decision granting such measures.

[edit] Contact

33, vul.Velyka Zhytomyrska, KYIV 01601 – Ukraine

Tel: Phone: (380-44) 2722911

Fax: (380-44) 2723353

Email: ucci@ucci.org.ua

Official Website

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