The International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine (ICAC) continues to administer arbitration cases in accordance with the ICAC Rules and best arbitration practices.
Taking into account the restrictive quarantine measures that have been introduced in Ukraine and the world to respond to the pandemic of the respiratory disease COVID-19 ICAC remains committed to protecting the rights and interests of the parties in arbitration proceedings, as well as the safety of the parties, ICAC arbitrators and employees, and informs about the following.
І. Document flow
All documents, except for statements of claim, shall be e-mailed to firstname.lastname@example.org
Paper documents are accepted from 10:00 to 16:00 at the reception of the Chamber of Commerce and Industry of Ukraine (stamp on registration of incoming mail will not be available).
All documents sent by regular mail, including claims, will be registered as usual on the day they are received.
Every Monday, from 10:00 to 16:00, ICAC employees will accept claims in person.
The Secretariat continues to ensure timely distribution of all case-related documents to the parties in accordance with Article 11 of the ICAC Rules.
II. Arbitral Proceedings
ICAC recommends that the Arbitral Tribunals take all procedural measures for the timely arbitral proceedings that do not contradict the restrictive quarantine measures. During this challenging times, the Arbitral Tribunals shall assess the application of the procedural measures and its impact on the enforceability of the arbitral awards.
The Arbitral Tribunal organizes the arbitral proceedings, taking into account the procedural deadlines established by the ICAC Rules. The parties and their representatives shall act so that the arbitration is fast and cost-efficient, and avoid abusing the procedural rights. To the extent possible, it is advisable to arrange the arbitration digitally, using emails and videoconferencing. For this purpose, in particular:
- It is recommended that the Arbitral Tribunal invite the parties to submit documents related to the arbitral proceedings in electronic form.
- Striving to reasonably minimize personal contacts, it is advisable that the Arbitral Tribunal interacts remotely with each other and the parties using telephone and video conference calls. It is also recommended to delegate mandates to the Presiding arbitrator to decide on procedural issues of arbitration in cases provided for by the ICAC Rules.
- It is recommended that the Arbitral Tribunal uses the preliminary preparation stage of the arbitral proceedings, especially if it is necessary to ensure the effective organization of the arbitration:
- hold organizational meetings via video conference or telephone conference, if technically possible for all participants;
- establish procedural schedule for arbitral proceedings, taking into account the current situation and the position of the parties.
ІІІ. Oral Hearings
If oral hearings are scheduled during the quarantine period, the following options are possible:
- conducting an oral hearing using video conferencing systems in accordance with the second part of Article 47 of the ICAC Rules.
Please note that in this case, the application is considered by the Arbitral Tribunal taking into account the opinion of the other party.
If both parties and the composition of the Arbitral Tribunal consent and have the technical capabilities to conduct a hearing through a video conference from their own premises, ICAC recommends using this option;
- arbitral proceedings on the basis of written materials without an oral hearing in accordance with Article 46 of the ICAC Rules;
- a hearing in the absence of a party in accordance with part three of Article 47 of the ICAC Rules;
- postponement or suspension of the arbitral proceedings in accordance with Article 57 or 58 of the ICAC Rules.
Having chosen one of the above options, apply to ICAC with the corresponding application.
Round tables, seminars and regional events scheduled for April 2020 are postponed and will be held after the quarantine restrictions are removed. Now ICAC is preparing to launch online seminars for users.
The ICAC President, Vice Presidents and the Secretariat are available to provide all support and assistance needed to both the arbitrators and users of our services.
For all quires contact the ICAC Secretariat by phone: +380 44 586-51-87 or +380 67 239-56-77.