#10 October 2018

In focus – International Arbitration

The relationships between corporations, investors and states inevitably become more sophisticated. Disputes may arise along every step of their interaction, and access to efficient justice empowers counterparties to pursue their business interests.

Expert Opinion

New Opportunities for Support of Arbitration in Ukraine


The reform of Ukrainian rules of civil, commercial and administrative procedure became a hot topic for Ukrainian businesses and legal professionals before the new codes of procedure came into force in December2017. There were even more discussions as lawyers started to apply new rules into practice before Ukrainian courts.

Among other novelties, the codes set new procedures to be followed in arbitration related cases. This article will concentrate on new opportunities brought by the provisions of codes on interim and conservatory measures in support of arbitration and their practical use.

In Re

Introducing the Young Contender The Prague Rules

Artem Doudko, Olena Golovtchouk

The importance of international arbitration in resolving international commercial disputes is evidenced by its wide use and popularity. The cornerstone of success for international commercial arbitration is the consensual nature of such proceedings. When it comes to the conduct of arbitration proceedings, the procedure can be customised to fit the intricacies of every single case. At least that is the theory. In reality, in many of the cases, the procedure has become standardised to the extent that there is very little variation even if both parties are represented by skilled arbitration practitioners and the arbitral tribunal is robust and experienced.

Increasing Role of Soft Law in International Arbitration

Oleh Beketov , Aleksandr Lugovskyi , Mykola Antoniuk

Over the last decade soft law has gained widespread recognition and importance in international arbitration. We can witness that application of soft law instruments in arbitration becomes more and more common. Does this tell us that soft law is gradually becoming harder? We will try to find out in this article.



Kinstellar advised IFU on a loan to Kness Group

CMS advised on high-profile TIP Trailer Services sale

Baker McKenzie assisted Bayerische Landesbank and DTEK Renewables

Asters advised EBRD

Sayenko Kharenko legal counsel to the European Fund for Southeast Europe


US court dismissed the claim regarding removal of the phrase "In God We Trust" from dollar banknotes

Plaintiff successfully manages to recover penalty for untimely transfer of an apartment in a new building

Vnesheconombank initiates an international investment dispute with Ukraine

Ministry of Finance announced details of judgment on “Yanukovych’s debt”

Gazprom succeeded in lifting asset seizure by judgment of a court in England



Recording of notarial acts execution

Guarantees for credit union depositors

Parliament supported second package of laws within framework of #MaskShowStop initiative

Law digest

Customs procedures for business simplified

Currency exchange regulations amended

Parliament voted to abolish moratorium on round timber export

Lawyers News

Axon Partners and Oksana Kobzar Law Office announced merger



Acquisition of SUN InBev Ukraine PJSC assets made AMCU impose fine on the company


EU suspects Amazon of unfair competition


China courts to accept for consideration data in blockchain

GitLab start-up raised USD 100 million

Amazon to open 3,000 stores without cashiers and shop assistants


German department store chains Kaufhof and Karstadt to merge

EU clears Apples purchase of Shazam

Trade Policy

USA appealed to WTO because of Russian duties on American goods

Banking & Finance

NBU opened access to the register of borrowers for banks

Waste Management

Kyiv begins acceptance of applications to build waste recycling plant

Chamber News

What is Washingtons View on Ukraine Approaching a Year of Elections?

Ukraine is approaching an election year in 2019, with presidential elections set to be held on 31 March followed by parliamentary elections later in the year.

Chamber Members had an opportunity to hear from former US Ambassador to Ukraine, John Herbst, Director, Eurasia Center, Atlantic Council and Melinda Haring, Editor, UkraineAlert, Atlantic Council as to what Washington’s view is on Ukraine approaching a year of elections.

Cover Story

Intellectual Challenge

In recent Ukrainian history both investment and commercial arbitration cases have had a tangible impact on the countrys business environment. Big business prefers to resolve disputes in trustworthy international arbitral centers that provide effective access to justice.

Olexander Martinenko, senior partner of CMS Cameron McKenna Nabarro Olswang, shared his vision on the recent achievements in pursuing international arbitration as part of judicial reform, role of expert witnesses, notion of arbitration friendly jurisdictions, and how Ukrainian arbitration practitioners face intellectually challenging cases.

What are the most challenging issues facing arbitral institutions around the globe? Do you observe them in Ukraine?

Case Law

Ukrainian Courts Imposing Interim Relief in Aid of International Arbitration, a Case Study

Sergii Zheka

As is well known, the new reading of the Civil Procedure Code of Ukraine (the "Code") came into effect in December 2017. This (together with simultaneous enactment of new versions of other procedural codes of Ukraine) was one of the most notable legal developments of 2017 in Ukraine.

Hot Issue

The Principal Purpose Test in Ukraine: What does it Mean for Tax Planning?

Khrystyna Franchuk, Vitalii Trachuk

The era of "old-school" tax planning and structuring in Ukraine is set to come to a natural end with the introduction of the principal purpose test (PPT).


Legal Digest

The start of the new business season launched a number of important initiatives throughout different sectors, including renewable energy, customs and trade facilitation, public funding, information security and data protection. The long-expected Draft Law On Advocacy and Legal Practices provoked discussion in the professional community. We have prepared a new selection of novelties and comment about them.

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