News date: 3 December 2021
Counsel, Attorney at Law of Ilyashev & Partners Law Firm Andrey Bychkov and the Attorney at Law Marina Riashchenko delivered speeches at the II Ukrainian Arbitration Forum held on 3 December 2021 in Kyiv. The event was organized by Yurydychna Praktyka Publishing House.
Andrey Bychkov delivered a report “Challenging Arbitral Awards in National Courts: Limits of Judicial Control”. Andrey highlighted the approaches of the Supreme Court to arbitration proceedings. He noted that the Supreme Court’s decisions are now consistent and pro-arbitration, as the Supreme Court refuses to set aside arbitration awards on jurisdictional or other grounds in circumstances where parties were able to raise such issues during the course of the arbitration proceedings but chose not to do so.
“The lower courts are required to take into account the conclusions of the Supreme Court, which stimulates the courts to adopt a similar approach to this issue and narrow the limits of judicial control”, – said Andrey Bychkov.
Marina Riashchenko in her report “Categories of public order in national courts in cases related to international arbitration” emphasized that no legal system contains a legally established definition of “public order”. At the same time, the Civil Procedure Code of Ukraine defines public order as a basis for refusing to recognize and grant permission to execute the decision of international commercial arbitration.
“According to the explanations set forth in the Resolution of the Plenum of the Supreme Court of Ukraine No. 12 of 24.12.1999, public order should be understood as the legal order of the state, defining the principles and foundations that form the basis of the existing system in it (they relate to its independence, integrity, fundamental constitutional rights, freedoms, guarantees)”, – said Marina Riashchenko.
Participants of the II Ukrainian Arbitration Forum discussed the work of investment and international commercial arbitrations, emergency arbitrations and new investment claims against Ukraine, criteria for the effectiveness of an arbitration institution and an arbitrator, as well as the choice of arbitration from a business standpoint.
Ukrainian Arbitration Forum is an annual international event dedicated to the issues of arbitration, arbitration institutions and trade relations. The Forum is attended by the representatives of public authorities, national and foreign law firms.