In the current conditions of the international economy and business, the main way to resolve foreign economic disputes is international commercial arbitration. Most contracts with foreign conterparties shall contain an arbitration clause, according to which the parties submit the dispute to the international arbitration court for resolution. That is why more and more business representatives face the problem of protecting their interests in such courts.
Unfortunately, in our practice, we quite often come up against a situation when signing the foreign economic contract, few business entities pay attention to the arbitration clause and the choice of arbitration, and, as a result, when disputes arise under the contract, they face the necessity to resolve it in the arbitration court, with the procedure and rules of which they are not familiar.
The solution to this problem was largely facilitated by the unification of arbitration regulation, implemented on the basis of multilateral international conventions and other international documents on international commercial arbitration. However, even after the above-mentioned unification, the influence of the national legislation on the legal regulation of international arbitration is determining.
So, despite the fact that Ukraine is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards dated 10 June 1958, the text of the law of Ukraine “On International Commercial Arbitration” is based on the UNCITRAL Model Law “On International Commercial Arbitration”, the situation with the adoption and execution of the decisions of the international commercial arbitration in the territory of Ukraine is quite controversial.
Thus, the Law Firm "Kravets & Partners" is ready to provide the following services in this field:
- study and legal assessment of the dispute, legal positions of the parties and primary documents (contracts, invoices, correspondence of the parties, acts, payment documents, claims, etc.);
- development of protection strategy, collection of evidence base, justification of legal position;
- preparation of the statement of claim and attached documents;
- ensuring the translation of all evidence, applications and documents submitted to the arbitration court into the language of arbitration;
- preparation of refutations and discrediting the position and arguments of the opposite side;
- representation of interests in the arbitration court;
- representation of the party in the procedure for challenging an arbitration award in state courts;
- appeal for recognition and enforcement of arbitration awards and foreign court decisions;
- support of enforcement proceedings on execution of the decision of the international commercial arbitration court.
