In Focus (#01-02 January-February 2011)

Civilized Business

The mechanism of dispute resolution has become a core element at all stages of commercial activity.

The Ukrainian judiciary has been an object of public debates and criticism for weakness and prone to political influence for the entire period of the country’s independence.

Nevertheless, despite numerous significant improvements, the ongoing reforms of the last few years are far from completion.

Business is not satisfied with the current state of play and enforcement of court judgments. Relative flexibi-

lity, transparency, speed and price have led to greater attention being paid to alternative dispute resolution, namely arbitration and mediation. No wonder that foreign investors are often inte-

rested in applying alternative measures to secure their dealing and avoid litigation in Ukraine.

The end of the past year was extremely rich in reforms, although

the current 2011 is expected to be the year of the legal framework becoming more clear and transparent. On the home front we expect tax and other regulatory types of disputes, new le-

gislative novelties and certainly long-

expected progress in the enforcement field. On the international arena Ukraine has started to apply the WTO dispute settlement mechanism and use of the instrument is likely to grow.

As there is public concern in our country with regard to resolving disputes, the UJBL keeps abreast of recent developments in Ukraine and abroad and pays special attention to recent judicial reforms, enforcement of international arbitration awards, global practice and potential of mediation, WTO dispute settlement and more…

Happy reading,
Olga Usenko

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