The International Commercial Arbitration Court at the UCCI (the ICAC) administers cases according to the IСАС Rules (as reviewed and amended on 1 Nov 2020) and best international arbitration practices.
Taking into account the COVID-19 thread in Ukraine and globally, and striving to make every effort to protect both the rights and interests of the parties to arbitration proceedings and the safety of such parties as well as the safety of the ICAC personnel and the ICAC arbitrators, we inform you of the following:
І. Document management
Documents, including arbitration claims, mailed to the ICAC address by ordinary mail will be registered according to the regular procedure on the same day they are received.
Documents in hard copy can be submitted from 10:00 till 16:00 at the reception desk of the UCCI and will be registered on the same day they are received; however the copy of the sender will not be stamped with the stamp of incoming mail registration.
The ICAC personnel will accept arbitration claims in person every Monday from 10:00 till 16:00.
We encourage you to submit all documents via e-mail at firstname.lastname@example.org.
The ICAC Secretariat continues to timely provide the parties with all case-relating documents in accordance with Article 11 of the ICAC Rules.
ІІ. Consideration of arbitration cases
The ICAC recommends panels of arbitrators to manage the arbitration proceedings and take efforts towards the timely consideration of cases in line with the procedural timelines, as set forth by the ICAC Rules. The parties to an arbitration and their representatives shall, in their turn, act so that the arbitration proceedings are time and cost efficient, avoiding any procedural rights abuse. When feasible in terms of potential risks to the enforcement of arbitral awards, arbitration proceedings are recommended to be conducted in a digital format, resorting to online video conferencing.
For this purpose:
- in order to minimize social contacts as much as reasonable, it is advisable to consider digital interaction of the panel of arbitrators and communications with the parties resorting to online video-conferencing, and it is advisable to authorize the Presiding Arbitrator of the ICAC panel of arbitrators with the right to resolve any procedural issues relating to the arbitration proceedings in cases envisaged by the ICAC Rules.
- Panels of Arbitration are recommended to actively use the arbitration preparatory stage, in particular, if additional efforts are required for efficient organization of arbitral hearings:
- to hold administrative meeting and discussions via video or telephone conferencing provided all participants have adequate technical capabilities;
- to plan procedural schedules of case hearings taking into account the current epidemiological situation and the position of the parties.
ІІІ. Oral hearings
It is recommended to take into account individual case circumstances and act as follows:
- As stipulated by part 2 of Article 47 of the ICAC Rules, arrange oral hearings by means of video conferencing. A party to arbitration may address the panel of arbitrators no later than 10 days before the date of the oral hearing with a request to hold the oral hearing by means of video conferencing. The panel of arbitrators considers such request taking into account the individual circumstances of the case and the opinion of the other party. If the request is approved, the requesting party take part in the oral hearing by means of video conferencing outside of the ICAC premises relying to its own technical capabilities, using electronic digital signature or any other method of identification, acceptable to the ICAC. The risks of technical interruption, loss of signal etc., which might disable the party to participate in the oral hearing outside the ICAC premises, rest with the party that submitted the respected request.
- Consider the case based on written materials with no oral hearings as stipulated by Article 46 of the ICAC Rules;
- Consider the case in the absence of a party as stipulated by Article 47 of the ICAC Rules.
Having chosen one of the above options, please address the ICAC with the relevant request.
The ICAC President, Vice-Presidents and Secretariat remains at your disposal to provide any assistance as it might be necessary, to the ICAC services users and the arbitrators.
Should you have any additional questions, please contact the ICAC Secretariat at: +380 44 586-51-87 or +380 67 239-56-77.