Alternative dispute resolution: representation in international arbitration courts

Comprehensive legal support for arbitration proceedings before leading international arbitration institutions (ICAC, ICC, SCC, VIAC, LCIA, UNCITRAL, etc.) – from assessing the prospects of a dispute, initiating proceedings and preparing procedural documents to representing the client’s interests at all stages of the proceedings and securing the recognition and enforcement of the arbitral award.

We work with companies, investors and individuals who are defending their rights in international commercial and investment disputes, whether as plaintiffs or defendants.

What is legal support for arbitration proceedings?

International arbitration is a complex, multi-stage process that requires a deep understanding of both substantive law and the procedural specifics of the particular arbitration institution. Success in a case depends on the strategy chosen from the very first steps: whether there are grounds for arbitration, which law applies, how to formulate the claims and what evidentiary base to build. Mistakes made at any of these stages may lead not only to losing the case but also to significant financial and time losses for the client.

GOLAW lawyers are involved at all stages of arbitration proceedings: from a preliminary assessment of the prospects of the case and the initiation of proceedings to representation of the client’s interests during the consideration and at the stage of recognition and enforcement of the arbitral award. We protect the interests of companies, investors and individuals in commercial and investment disputes, interacting with arbitral tribunals, the opposing party and national courts in the context of enforcing awards. Our approach is aimed at building a strong evidentiary base and legal position, effectively passing through all stages of the arbitration process and achieving a result that best meets the client’s interests.


Who we help

  • Companies in international commercial disputes — both as claimant and as respondent
  • Investors in investment arbitration disputes
  • Parties to foreign trade contracts with arbitration clauses
  • Creditors requiring recognition and enforcement of arbitral awards in Ukraine
  • Individuals protecting their rights in international arbitration disputes

Support of cases in international arbitration courts includes

  • Assessment of the prospects of the dispute, analysis of the arbitration clause and determination of the optimal strategy for the proceedings
  • Legal analysis of the contractual base, the factual circumstances of the case and the risks of the arbitration
  • Initiation of arbitration proceedings, including preparation of the request for arbitration and participation in the formation of the tribunal
  • Preparation and filing of submissions on the merits, formation of the legal position and evidentiary base
  • Representation of clients at all stages before leading arbitration institutions (ICAC, ICC, SCC, VIAC, LCIA, UNCITRAL, etc.)
  • Support of communication with the arbitral tribunal, preparation of procedural documents, explanations and objections
  • Support of the recognition and enforcement of arbitral awards at the national level, including under the New York Convention of 1958

When this service is needed

  • A dispute arises under a foreign trade contract with an arbitration clause
  • The prospects of an arbitration claim or defence need to be assessed
  • An arbitral award needs to be recognised and enforced in Ukraine
  • An investment dispute arises
  • A counterparty has initiated arbitration against your company
  • Assets of a debtor need to be attached to secure enforcement of an award

Why it matters

Success in international arbitration is determined from the very first steps — at the stage of assessing the grounds, choosing the strategy and building the evidentiary base. Mistakes at any of these stages may lead not only to losing the case but also to significant financial and time losses.

An arbitral award is final and, thanks to the New York Convention of 1958, is recognised and enforced in over 170 countries — but its real value depends on early planning of enforcement where the debtor’s assets are located.

Step-by-step guide to handling arbitration proceedings

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1
Initial legal analysis and strategy formulation
Assessment of the circumstances of the dispute, analysis of the contractual framework and arbitration clause, determination of the prospects or validity of bringing the matter before an international arbitral tribunal, and selection of the optimal litigation strategy.
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2
Initiation of arbitration proceedings
Preparation and submission of a request for arbitration or a response to such a request, participation in the formation of the tribunal, the procedure for appointing and challenging arbitrators, payment of registration fees and compliance with the requirements of the chosen rules of procedure.
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3
Preparation and filing of submissions on the merits of the dispute
Formulation of a legal position, preparation of the statement of claim/defence and the set of necessary procedural documents, substantiation of the position and compilation of the evidence base.
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4
Managing communications with the arbitral tribunal
Preparing procedural documents, submissions and objections, liaising with the arbitral institution and the tribunal and responding to requests within the proceedings.
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Representation of interests during the hearing of the case
Legal support at all stages of the arbitration proceedings, including the preparation of positions on jurisdiction, admissibility and the substance of the dispute as well as participation in hearings.
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6
Support for the recognition and enforcement of arbitral awards
Legal support for the procedure for the recognition and enforcement of arbitral awards at the national level, liaising with the competent courts and state authorities.

Key lawyers

Nataliia Matviichuk
  • Head of Litigation and Dispute Resolution practice, Attorney at law
Yaroslav Baienko
  • Senior Associate, Attorney at law

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FAQ

  • When can a case be brought before an international arbitral tribunal?

    A case may be brought before an international arbitral tribunal if there is an arbitration agreement or an arbitration clause in the contract between the parties. International arbitration deals with disputes arising from contractual and other civil law relationships in the field of international economic relations, provided that at least one of the parties is a commercial enterprise based abroad or has foreign investments. The scope of such disputes is broad: the sale and purchase of goods, the provision of services, transport, leasing, investment, credit and settlement transactions, insurance, joint ventures and other forms of international economic cooperation.

  • How does an arbitration tribunal differ from a regular court?

    An international arbitration tribunal is a specialised body that hears commercial and business disputes between companies and entrepreneurs outside the national court system, including disputes between Ukrainian and foreign companies or between foreign business entities. Unlike a state court, cases here are decided by independent arbitrators whom the parties may choose themselves, as well as the venue and the applicable law. This provides the parties with greater flexibility and control over the process. The award is final and, as a rule, not subject to appeal on the merits.

  • Can arbitration proceedings be initiated if the other party refuses to participate?

    Yes. Provided that the arbitration agreement is valid and the party has been duly notified of the proceedings, a refusal or failure to participate does not prevent the proceedings from continuing. The arbitral tribunal may conduct the proceedings and render an award even in the absence of one of the parties.

  • Is an arbitral award binding?

    Yes. Arbitration awards are final and binding on the parties. Under the 1958 New York Convention, arbitral awards are recognised and enforced in more than 170 countries worldwide, making international arbitration one of the most effective tools for protecting rights in cross-border disputes.

  • Which arbitral awards can be enforced in Ukraine?

    Before applying to the court for recognition of an arbitral award, it is important to ensure that it is enforceable in Ukraine. Recognition is possible if the award was made in a state that is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, is final and has become legally binding, no more than three years have elapsed since it was made, and the debtor resides or registered in Ukraine or owns property within its territory. With regard to states that are not parties to the Convention, the principle of reciprocity applies – the award is enforceable unless the contrary is proven.

  • How long do arbitration proceedings take?

    The duration depends on the complexity of the case, the chosen rules of procedure and the parties’ cooperation. On average, proceedings take between one and three years. Some arbitration institutions offer expedited procedures for less complex disputes, which can significantly reduce the duration of the proceedings.

  • Can the debtor’s assets be seized before or during the proceedings to recognise an arbitral award?

    Yes. At any stage of the proceedings concerning an application for recognition of an arbitral award, the applicant has the right to file a motion for interim measures – most commonly in the form of a seizure of the debtor’s movable or immovable property or funds in bank accounts. To have such a motion granted, it is necessary to demonstrate the risk that, without such measures, enforcement of the award in the future will be impeded or rendered impossible.

  • When may a court refuse to recognise an arbitral award?

    Under Article 478 of the Civil Procedural Code of Ukraine, a court may refuse to recognise an arbitral award in several instances. Firstly, if a party lacked legal capacity at the time of concluding the arbitration agreement or if the agreement itself is invalid. Secondly, if a party was not duly notified of the appointment of the arbitrator or the conduct of the proceedings and, for valid reasons, was unable to present its explanations on case. Thirdly, if the award concerns a dispute that goes beyond the scope of the arbitration agreement, or if the composition of the tribunal or the procedure did not comply with the parties’ agreement. Other grounds for refusal include the setting aside of the award or the suspension of its enforcement by a court of the seat of arbitration, the impossibility of referring the dispute to arbitration under the law, and the award’s violation of public policy in Ukraine.

  • What should be done if the debtor has no assets in Ukraine?

    If the debtor has transferred or concealed assets with the aim of evading the enforcement of the judgment, there are several ways to protect the creditor’s interests. Firstly, bankruptcy proceedings may be initiated against the debtor – within these proceedings, owners and directors may be held liable for the company’s debts if their culpability in causing the bankruptcy is proven. Secondly, the creditor has the right to seek a court order to set aside the transactions on the basis of which the assets were transferred. As a rule, such transactions bear the hallmarks of fraud: assets are transferred at an undervalued price to relatives or related parties, or are not paid for by the buyer at all.

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