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Rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (2001)

  • I. Competence of the International Commercial Arbitration Court

    1.1. The Arbitration Court shall settle disputes from the contractual and other civil law relationships arising in the course of foreign trade and other forms of international economic relations, provided that the place of business of at least one of the parties is situated abroad, as well as disputes arising between enterprises with foreign investments, international associations and organisations established in the territory of Ukraine, disputes between their participants, as well as their disputes with other legal entities in Ukraine.
    The competence of the Arbitration Court comprises disputes, resulting from the re-lationships of a commercial nature, including, but not limited to, the following transactions: sale /purchase /delivery/ of goods; contracts of service and labour; exchange of goods and/or services, carriage of goods or passengers, commercial representation and agency; leasing, scientific-technical exchange, exchange of other results of intellectual activity, construction of industrial and other works, licensing operations, investment, financing; insurance; joint ventures and other forms of industrial and business co-operation.
     

    1.2. The Arbitration Court shall entertain disputes in a case of the availability of the written agreement /arrangement/ by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between the parties in respect of defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of arbitration clause in the contract or in the form of a separate agreement. 

    1.3. The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties, or in exchange of letters, telex, telegrams or other means of telecommunication which provide a record of a such agreement, or in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document containing an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract. 

    1.4. The arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the Arbitration Court that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. 

    1.5. The Arbitration Court shall entertain disputes subject to its jurisdiction by virtue of international treaties and agreements. 

    1.6. The question as to the competence of the Arbitration Court in every concrete case shall be decided by the President of the Arbitration Court. 

    1.7. A plea that the Arbitration Court does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of an arbitrator. A plea that the Arbitration Court is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The Arbitration Court may, in either case, admit a later plea if it considers the delay justified. 

    1.8. The Arbitration Court may rule on a plea referred to in Article 1.7. of the present Rules either as a preliminary question or in an award on the merits. If the Arbitration Court rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the Kiev's City Court to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the Arbitration Court may continue the arbitral proceedings and make an award. 

    1.9. Unless otherwise agreed by the parties, the Arbitration Court may, at the request of a party, order any party to take such interim measures of protection as the Arbitration Court may consider necessary in respect of the subject-matter of the dispute. The Arbitration Court may require any party to provide appropriate security in connection with such measure.
    It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, a court to order interim measure of protection and for a court to take a decision granting such measures.
     

    II. Organisation of the Arbitration Court

    2.1. The Arbitration Court shall consist of the President, two Vice-presidents, the arbitrators and secretariat. 

    2.2. The Arbitration Court has its Presidium, which members are the President of the Arbitration Court and its Vice-Presidents.
    The President of the Arbitration Court is at the same time the Chairman of the Presidium.
    Two members of the Presidium constitute a quorum. Decisions of the Presidium are taken by the majority of votes. If the votes are decided equally, the Chairman of the Presidium shall have the decisive vote.
     

    2.3. The President of the Arbitration Court and its Vice-Presidents shall be approved by the Presidium of the Ukrainian Chamber of Commerce & Industry for the term of 4 years.
    The President of the Arbitration Court shall organise activity of the Arbitration Court, perform functions mentioned in the present Rules, represent the Arbitration Court in its relations in Ukraine and abroad.
    One of the Vice-Presidents, as designated by the President of the Arbitration Court, shall perform functions of the President of the Arbitration Court in his absence.
    Functions of the Vice-presidents of the Arbitration Court shall be defined by the President of the Arbitration Court.
     

    2.4. Arbitrators are persons appointed by the parties provided all conditions of the present Rules are observed, or persons appointed by the President of the Ukrainian Chamber of Commerce & Industry.
    Presidium of the Ukrainian Chamber of Commerce & Industry shall approve the Recommendatory List of Arbitrators, which can include citizens of Ukraine, as well as citizens of other countries and persons of no nationality.
    The List of Arbitrators shall specify the name and surname of the arbitrator, his nationality and permanent residence, education, speciality, scientific degree /title/, office and other data as decided by the Presidium of the Arbitration Court.
     

    2.5. The arbitrators shall be independent, objective and impartial in fulfilling their duties. They can not be representatives of the parties. 

    2.6. The Secretariat is headed by the Secretary General.
    Secretary General is nominated by the President of the Ukrainian Chamber of Commerce and Industry under the presentation of the Presidium of the Arbitration Court. The employees of the Secretariat are nominated by the President of the Ukrainian Chamber of Commerce and Industry under the presentation of the President of the Arbitration Court.
    Secretary General organises clerical work and executes other functions stipulated by the Rules.
    Secretary General is the Secretary of the Presidium of the Arbitration Court.
     

    2.7. The arbitrators, the Presidium and Secretariat of the Arbitration Court shall maintain the confidentiality in regard to the disputes settled in the Arbitration Court. 

    2.8. The International Commercial Arbitration Court at the Ukrainian Chamber of Commerce & Industry has its own seal reproducing its name in the Ukrainian and English languages and displaying an sward and the scales of justice. 

    III. Composition of the Arbitral Tribunal

    3.1. The parties are free to determine the number of arbitrators, including the sole arbitrator. Failing such agreement of the parties, three arbitrators shall be appointed. The arbitrator or arbitrators, considering the case, irrespective of their number shall be called Arbitral Tribunal for the period of proceedings. 

    3.2. No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. 

    3.3. The parties are free to agree on procedure of appointing the arbitrator or arbitrators, subject to the provisions of the present Rules. 

    Failing such agreement, 

    • in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator - President of the Arbitral Tribunal on a named case; if a party fails to appoint the arbitrator within 30 days of receipt of a notification to do so from the Arbitration Court or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointment, arbitrator shall be appointed by the President of the Ukrainian Chamber of Commerce & Industry in accordance with Article 11/3/ of the Law of Ukraine On International Commercial Arbitration; 
    • in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, arbitrator shall be appointed by the President of the Ukrainian Chamber of Commerce & Industry in accordance with Article 11/3/ of the Law of Ukraine On International Commercial Arbitration. 

    3.4. Where, under an appointment procedure agreed upon by the parties, 

    • a party fails to act as required under such procedure; or 
    • the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure; or 
    • a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the President of the Ukrainian Chamber of Commerce & Industry to take the necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment. 

    3.5. The President of the Ukrainian Chamber of Commerce & Industry, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole arbitrator or President of the Arbitral Tribunal, shall take into account as well the advisability of appointing an arbitrator of nationality other than those of the parties. 

    3.6. Decrees of the President of the Ukrainian Chamber of Commerce & Industry made in accordance with Articles 3.3.,3.5. of the present Rules are subjects to no appeal. 

    3.7. When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances which may give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties, unless they have already been informed of them by him. 

    3.8. An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications required by the agreement of the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made. 

    3.9. The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of paragraphs 10 and 11 of this Article. 

    3.10. Failing such agreement, a party who intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the Arbitral Tribunal or after becoming aware of any circumstances referred to in Article 3.8 of this Rules communicate the reasons for the challenge in writing to the Arbitral Tribunal.
    Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the Presidium of the Arbitration Court shall decide on the challenge.
     

    3.11. If a challenge under any procedure agreed upon by the parties or under the procedure of Article 3.10. of this Rules is not successful, the challenging party may request, within 30 days after having received notice of the decision rejecting the challenge, the President of the Ukrainian Chamber of Commerce & Industry to decide on the challenge; its decision shall be subject to no appeal. While such a request is pending, the Arbitral Tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award. 

    3.12. If an arbitrator become de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination.
    Otherwise, if a controversy remains concerning any of these grounds, any party may request the President of the Ukrainian Chamber of Commerce & Industry to decide on the termination of the mandate; its decision shall be subject to no appeal.
     

    3.13. If, under Articles 3.10 or 3.12 of the present Rules, an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any grounds referred to in Articles 3.10. or 3.12. of the present Rules. 

    3.14. Where the mandate of an arbitrator terminates under Articles 3.10 or 3.12. of the present Rules or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. 

    IV. Arbitral Proceedings

    а. General Provisions

    4.1. The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case. 

    4.2. Subject to the provisions of the Law of Ukraine On International Commercial Arbitration, the parties are free to agree on the procedure to be followed by the Arbitration Court in conducting the proceedings.
    Failing such agreement, the Arbitration Court may, subject to the provisions of the Law of Ukraine On International Commercial Arbitration, conduct the arbitration in such manner as it considers appropriate. The powers conferred upon the Arbitration Court include the power to determine the admissibility, relevance, materiality and weight of any evidence.
     

    4.3. The location of the Arbitration Court and the place of its meetings shall be in Kiev. 

    4.4. The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the Arbitration Court having regard to the circumstances of the case, including the convenience of the parties. 

    4.5. Notwithstanding the provisions of paragraph 4 of this Article, the Arbitration Court may, unless otherwise agreed by the parties, meet at any other place it considers appropriate for consultations among the arbitrators, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents. 

    4.6. The arbitral proceedings shall be conducted in Ukrainian or Russian languages. 

    4.7. The parties are free to agree on the language or languages to be used in the arbitral proceedings.
    Failing such agreement, the Arbitration Court shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the Arbitration Court.
     

    4.8. The Arbitration Court may order that any applications and documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the Arbitration Court. 

    4.9. The time-limit for arbitral proceedings in a case shall not exceed 6 months from the date of receiving a duly formed Statement of Claim and arbitration fee.
    The Presidium can prolong this term on the grounds of the motivated address of the Arbitral Tribunal or one of the parties.
     

    4.10. All documents pertinent to the arbitral proceedings shall be submitted by the parties in a number of copies equal to the number required to provide one copy for each party and not less than one copy for the Arbitration Court. 

    4.11. The Secretariat of the Arbitration Court shall provide for all documents in case to be transmitted to the parties in time. They are to be transmitted to the addresses indicated by the parties. 

    4.12. Unless otherwise agreed by the parties, any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, permanent residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last-known place of business, permanent residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it.
    The communication is deemed to have been received on the day it is so delivered.
     

    4.13. The Statement of Claim, the Statement of Defence, the Notice, the arbitral award, the decree or decision shall be sent to the party by Air-Mail certified letter with the assurance of receipt or shall be handed over personally against receipt.
    Other documents and communications may be sent by ordinary mail or by fax, telegraph.
     

    4.14. The Ukrainian Chamber of Commerce & Industry approves the order of computation and the Schedule of arbitration fees, the rates of arbitrators' fees and other expenses of the Arbitration Court. 

    4.15. The computation and allotment of arbitration fees and compensation of the expenses of the Arbitration Court shall be effected in accordance with the Schedule on Arbitration Fees and Costs forming a part of the present Rules (Annex). 

    4.16. Violation of the order and term for the payment of arbitration fee and compensation of the expenses of the Arbitration Court may result in the suspension or termination of the arbitral proceedings. In such cases the Decree on the suspension or termination of the arbitral proceedings in the case shall be made by the Chairman of the Presidium of the Arbitration Court. 

    b. Commencement of Arbitral Proceedings

    5.1. The proceedings in a case shall be commenced by the filing a duly formed Statement of Claim to the Arbitration Court.
    The date of the filing a claim to the Arbitration Court shall be the date of its handing to the Arbitration Court, and, if sent by mail, - the date of the stamp of the post-office at the place of sending.
     

    5.2. The Statement of Claim shall contain: 

    • the name of the Arbitration Court; 
    • the names and postal addresses of the parties; 
    • an indication of the amount of claim; 
    • the claimant's demands; 
    • substantiation of jurisdiction of the Arbitration Court; 
    • comprehensive statement of the facts, evidences and legal arguments supporting the claim; substantiated calculations of the amounts to be recovered or disputed; legislation on which the claim is referred; 
    • the list of documents and other evidences attached to the claim; 
    • the claimant's signature. 

    5.3. Attached to the claim are: 

    • copies of the Statement of Claim and attached to it documents for the respondent; 
    • documents supporting the circumstances, on which the claim is based; 
    • a proof of payment of the registration fee. 

    The parties are free to make a reference to the documents or other evidence they will submit. 

    5.4. The Secretary General shall after receipt of the Statement of Claim send to the Claimant the Rules, the Recommendatory List of Arbitrators and communicate the amount of the arbitration fee to be paid by the Claimant on the account of the Ukrainian Chamber of Commerce & Industry.
    In the event that the claim is referred without observance of the requirements provided for by paragraph 2 and 3 of the present article, Secretary General shall offer the Claimant to rectify the defects within 30 days from the date of the receipt of such offer.
    Pending rectification of the above defects the case shall stay without progress and if the offer is not fulfilled the arbitral proceedings terminates.
     

    5.5. At the same time Secretary General shall notify the Claimant about the necessity in accordance with Article 3 of the Rules to send statement on the quantitative composition of the Arbitral Tribunal and appoint arbitrator by indicating his name and surname and to submit proof of payment of the arbitration fee. 

    5.6. If the Claimant within 30 days from the date of receipt of notification fails to communicate his statement on the quantitative composition of the Arbitral Tribunal and to indicate the name and surname of the arbitrator appointed by him, the arbitrator shall be appointed in accordance with Article 11/3/ of the Law of Ukraine On International Commercial Arbitration by the President of the Ukrainian Chamber of Commerce & Industry.
    If the Claimant within 30 days from the date of receipt of notification fails to submit proof of the payment of the arbitration fee, the arbitral proceedings in the case shall be terminated.
     

    5.7. If it becomes evident that the Arbitration Court does not have jurisdiction in the case, it shall reject to receive the Statement of Claim and return it to the Claimant within 10 days. 

    5.8. Within 10 days from the date of the receipt of duly formed Statement of Claim, Secretary General of the Arbitration Court shall inform the Respondent of this receipt and send to the Respondent copies of the Statement of Claim and attached to it documents, as well as the Rules and the Recommendatory List of Arbitrators. 

    5.9. At the same time Secretary General shall offer to the Respondent within 30 days from the date of receipt of the Statement of Claim to submit to the Arbitration Court any written explanations /Statement of Defence/ and all documents supporting his objections to the claim; any counter-claim or set-off, if available; with the corresponding grounding, unless the parties have otherwise agreed as to the required elements of the Statement of Defence, as well as to communicate to the Arbitration Court the name and surname of the arbitrator appointed by him in accordance with Article 3 of the Rules.
    At the request of the Respondent the named period of time for submission of the additional documents may be extended, but not more than for one month.
    If the Respondent within 30 days from the date of receipt of the claim materials fails to appoint an arbitrator, the arbitrator shall be appointed by the President of the Ukrainian Chamber of Commerce & Industry in accordance with Article 11/3/ of the Law of Ukraine On International Commercial Arbitration.
     

    5.10. The counter-claim which is to be correlated with the original claim, shall meet the same requirements as the original claim. 

    5.11. Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the Arbitration Court considers it inappropriate to allow such amendment having regard to the delay in making it.
    The above is applied to the right of a party to state requirements as to the counter-claim or set-off.
     

    c. Preparation for the Consideration of the Case

    6.1. Secretary General shall make preliminary preparation for the consideration of the case in accordance with Articles 4, 5 of the present Rules. 

    6.2. The Arbitral Tribunal shall check the preparation procedure and, if necessary, take additional measures to prepare the case for the consideration, in particular, it may demand written explanations, evidences and other documents from the parties. 

    6.3. Secretary General shall notify the parties 30 days prior to the proceedings of the time and place of the meeting of the Arbitral Tribunal and of the composition of the Arbitral Tribunal.
    This period of time can be reduced or extended by the consent of the parties.
     

    d. The Consideration of the Case

    7.1. Subject to any contrary agreement by the parties, the Arbitral Tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials only. However, unless the parties have agreed that no hearings shall be held, the Arbitral Tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by the party. 

    7.2. The parties shall be given sufficient advance notice of any hearing and of any meeting of the Arbitral Tribunal for the purpose of inspection of goods, other property or documents. 

    7.3. All the statements, documents or other information supplied to the Arbitral Tribunal by one party shall be communicated to another party. Also any expert report or evidentiary document on which the Arbitral Tribunal may rely in making the decision shall be communicated to the parties.
    The parties may conduct their cases in the Arbitration Court and take part in the arbitral proceedings directly or through their duly authorised representatives.
     

    7.4. Unless otherwise agreed by the parties, if, without showing sufficient cause: 

    1. the Claimant fails to communicate his Statement of Claim in accordance with Articles 5.2.,5.3. of the present Rules, - the Arbitral Tribunal shall terminate the proceedings; 
    2. the Respondent fails to communicate his Statement of Defence in accordance with the Rules, - the Arbitral Tribunal shall continue the proceedings without treating such failure in itself as an admission of the Claimant's allegations; 
    3. any party fails to appear at a hearing or produce documentary evidence, - the Arbitral Tribunal may continue the proceedings and make the award on the evidence before it. 

    7.5. The Arbitral Tribunal may adjourn the consideration of the case: 

    1. in a case of the necessity to require a new evidence; 
    2. in connection with non-appearance of the respondent's representative in the meeting of the court, if there is no notification that the notice of a date of the arbitral proceedings was handed over to him; 
    3. in a case of the deviation of the application on the challenge of arbitrator and request of the challenging party to the President of the UCCI according to Article 3.11. of the present Rules. 

    The consideration of the case may be adjourned on the presence of another circumstances determined by the Arbitral Tribunal as preventing to settle dispute in the given meeting. 

    7.6. Unless otherwise agreed by the parties, the Arbitration Court: 

    1. may appoint one or more experts to report to it on specific issues to be determined by the Arbitral Tribunal; 
    2. may require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. 

    7.7. Unless otherwise agreed by the parties, if a party so requests, or if the Arbitral Tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue. 

    e. Making of Award and Termination of proceedings

    8.1. The Arbitration Court shall decide the dispute in accordance with such rules of the law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed as directly referring to the substantive law of that State and not to its conflict of laws rules. 

    8.2. Failing any designation by the parties, the Arbitration Court shall apply the law determined by the conflict of laws rules which it considers applicable. 

    8.3. The Arbitration Court shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorise it to do so. 

    8.4. In all the cases, the Arbitration Court shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. 

    8.5. The arbitral proceedings are terminated by the final arbitral award or by an order of the Arbitration Court for termination of arbitral proceedings. 

    8.6. In arbitral proceedings with more than one arbitrator any decision of the Arbitral Tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorised by the parties or all members of the Arbitral Tribunal. 

    8.7. The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the Arbitral Tribunal shall suffice, provided that the reason for any omitted signature is stated. 

    8.8. The arbitral award shall state the reasons upon which it is based, a resolution regarding satisfaction or rejection of the claim, the amount of the arbitration fee and costs and their apportioning. 

    8.9. The award shall state its date and the place of a meeting of the Arbitral Tribunal. According to Article 4 the award shall be deemed to have been made at that place. 

    8.10. If, during arbitral proceedings, the parties settle the dispute, the Arbitral Tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the Arbitral Tribunal, record the settlement in the form of an arbitral award on agreed terms. 

    8.11. The award on agreed terms shall be made in accordance with the provisions of the Articles 8.6.-8.9. of the Rules and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case. 

    8.12. The Arbitral Tribunal shall issue an order for termination of the arbitral proceedings when: 

    1. the Claimant withdraws his claim, unless the Respondent objects thereto and the Arbitral Tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute; 
    2. the parties agree on the termination of the proceedings; 
    3. the Arbitral Tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible, including when the Claimant violated the procedure of paying the arbitration fee. 

    8.13. The arbitral award on the merits of the dispute or an order for termination of the proceedings is announced at the arbitral meeting after the proceedings is over. The Arbitral Tribunal may announce the resolutive part of the award only.
    In connection with the particular complexity of a case, the award on it may be made during 5 days, what is announced at the proceedings.
     

    8.14. Within 10 days from the date of making an award, the parties shall be sent the motivated award in a written form, which is signed by the arbitrators in accordance with paragraph 7 of the present Article. If necessary, the President of the Arbitration Court shall be entitled as an exception to extend this term; but not more than by 10 days. 

    8.15. The mandate of the Arbitral Tribunal terminates with the termination of the arbitral proceedings, subject to the provisions of Articles 8.16.-8.18 of the present Rules. 

    8.16. Within 30 days of receipt of the award, unless another period of time has agreed upon by the parties: 

    1. any of the parties, with notice to the other party, may request the Arbitral Tribunal to correct in the award any errors in computation, any clerical or typographical errors or any errors of similar nature; 
    2. if so agreed by the parties, a party, with notice to the other party, may request the Arbitral Tribunal to give an interpretation of a specific point or part of the award. 

    If the Arbitral Tribunal considers the request to be justified, it shall make the correction or give the interpretation within 30 days of receipt of the request. Such interpretation shall form part of the award. 

    8.17. The Arbitral Tribunal may correct any error of the type referred to in sub-paragraph 16/a/ of this Article on its own initiative within 30 days of the date of the award. 

    8.18. Unless otherwise agreed by the parties any of the parties, with notice to the other party, may request, within 30 days of receipt of the award, the Arbitral Tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the Arbitral Tribunal considers the request to be justified, it shall make the additional award within 60 days. 

    8.19. The provisions of Article 8 shall apply to a correction or interpretation of the award or to an additional award. 

    V. Recourse against an Arbitral award

    9.1. Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with paragraph 2 and 3 of the Article 9 of the present Rules. 

    9.2. An arbitral award may be set aside according to the Article 6/2/ of the Law of Ukraine On International Commercial Arbitration by the Kiev's City Court only if: 

    1. the party making the application for setting aside furnishes proof that: 
    • a party to the arbitration agreement referred to in Article 1.2. of the Rules was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of Ukraine; or 
    • he was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or 
    • the award was made regarding a dispute not contemplated by or not failing within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or 
    • the composition of the Arbitral Tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of the Law of Ukraine On International Commercial Arbitration from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Law; or 
    1. the court finds that: 
    • the subject-matter of the dispute is not capable of settlement by arbitration under the Law of Ukraine; or 
    • the award is in conflict with the public policy of Ukraine. 

    9.3. An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if the request had been made under Articles 8.16-8.18 of the present Rules, from the date on which that request had been disposed of by the Arbitral Tribunal. 

    VI. Recognition and Enforcement of an arbitral award

    10.1. An award of the Arbitration Court shall be final. It shall be carried out by the parties voluntarily within the time-limit indicated by the Arbitration Court.
    If the award does not indicate any time-limit, it shall be carried out immediately.
     

    10.2. An arbitral award shall be recognised as binding and in a case of refusal from its voluntary execution shall be enforced depending on the respondent's location.
    If the debtor is in Ukraine, the award of the International Commercial Arbitration Court at the UCCI shall be enforced upon the application in writing to the competent court on the place of the debtor's location in accordance with the Law of Ukraine On International Commercial Arbitration and the Rules of civil procedure of Ukraine.
    If the debtor is abroad, the claimant's application in writing shall be communicated to the competent court of the country where the debtor is located and in accordance with Article III of the New-York Convention On the Recognition and Enforcement of Foreign Arbitral Awards /1958/ or interstate agreement the state court of the contracting state shall recognise and enforce awards of the International Commercial Arbitration Court in accordance with the Rules of procedure of the territory where the awards is relied upon.
     

    10.3. To obtain the recognition and enforcement of the award, the party applying for recognition and enforcement shall, at the time of the application, supply to the competent state court the duly authenticated original award or a duly certified copy thereof, and also the original arbitration agreement referred to in Article 1.2. of the Rules or a duly certified copy thereof. If the said application, award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language in two copies. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agency. 

    SCHEDULE ON ARBITRATION FEES AND COSTS

    I. Definitions

    Arbitration Fee 

    shall mean a fee charged in respect of each case to cover the general expenses connected with the work of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce & Industry.
    Arbitration fee comprises arbitrators' fees for examination and settlement of an economic dispute and administration fee to cover the Arbitration Court expenses (remuneration of legal and clerical staff, their travelling allowance, maintenance, established state charges and taxes, etc.).
     

    Costs of the arbitral procedure 

    shall mean special expenses of the Arbitration Court incurred in connection with the examination of a case (expenses of conducting expert examination and preparing translations, sums to be paid to interpreters, experts and witnesses, travelling allowance connected with the case examination, etc.). 

    Expenses of the parties 

    shall mean expenses incurred by the parties separately in defending their interest through representatives before the Arbitration Court, their travelling allowance, lawyers' fees, etc. 

    II. Arbitration Fee

    1. The arbitration fee shall be charged in the currency in which claim amount is expressed or in freely convertible currency. The party located on the territory of Ukraine may pay currency officially circulating in Ukraine calculated into US dollars at the rate of purchase by the National Bank of Ukraine of the foreign currency coming into free sale on the date of payment of the arbitration fee.
    Where the claim is brought in various currencies, the Arbitration Court shall determine a single currency of the fee to be paid.
     

    2. The arbitration fee shall be calculated depending on the amount of the claim according to the following schedule: 

    Amount of claim in US $ 

    Arbitration Fee in US $ 

    Upwards of 

    Up to 

    0 

    50,000 

    6% of the claim amount, but not less than 600 

    50,001 

    100,000 

    3,000 + 4% of the claim amount exceeding 50,000 

    100,001 

    200,000 

    5,000 + 3% of the claim amount exceeding 100,000 

    200,001 

    500,000 

    8,000 + 2% of the claim amount exceeding 200,000 

    500,001 

    1,000,000 

    14,000 + 1% of the claim amount exceeding 500,000 

    1,000,001 

    5,000,000 

    19,000 + 0.5% of the claim amount exceeding 1,000,000 

    5,000,001 

      

    39,000 + 0.3% of the claim amount exceeding 5,000,000 


    The above amounts of the arbitration fee are paid when the case is considered by the panel of arbitrators in composition of three arbitrators. If the case is considered by the sole arbitrator, the amount of the arbitration fee shall be reduced on 30%.
    If the parties did not come to an agreement as to the number of the arbitrators, considering the case, the claimant shall pay arbitration fee in advance for three arbitrators.
    In the case, if the parties agreed that their case shall be considered by the sole arbitrator, the amount of the arbitration fee, paid by the claimant for other two arbitrators shall be returned to the claimant by the decision of the President of the Arbitration Court.
     

    3. To determine the amount of the arbitration fee in each case, the claim amount shall be computed in US dollars at the rate established in the country where the currency of the claim is the legal mean of payment on the date of the payment of the arbitration fee. The same exchange rate shall be used to compute the amount of the received fee in the currency of payment. 

    4. The arbitration fee shall be considered as paid on the day when the sum is transferred to the payment account No.260020128332 MFO 322313 of the Ukrainian Chamber of Commerce and Industry in Ukreximbank in Kiev. Freely convertible currency shall be transferred to the currency account No.260020128332/840 in the same Bank.
    Costs on the bank transfer of the amounts of the arbitration fees and expenses paid to the Arbitration Court are borne by the party making the corresponding payment.
     

    5. When submitting the statement of claim, the claimant shall pay the registration fee in the amount of 200 US dollars to the above account of the Ukrainian Chamber of Commerce & Industry. This fee shall not be refundable. It shall be used to cover arbitration fee. The remaining portion of the arbitration fee shall be paid by the claimant within 30 days after receiving the corresponding notification from the Arbitration Court about the amount of the fee to be paid. The case shall stay without progress until the mentioned amount of the fee is transferred to the account of the Ukrainian Chamber of Commerce & Industry. 

    6. If the consideration of the case is terminated by the decision of the President of the Arbitration Court in accordance with paragraphs 5.4. and 5.6. of the Rules, the claimant shall pay 10% of the amount of the arbitration fee. 

    III. Reduction of the Amount and Partial Return of the Arbitration Fee

    1. Where the claimant withdraws his claim before the notice of the hearing date is sent to him, the Arbitration Court shall return 75% of the amount of the arbitration fee to him less the amount of the registration fee. 

    2. Where the claimant withdraws his claim after the notice of the hearing date is sent to him but before the date of the first hearing of the case, particularly owing to the parties' having settled the disputes amicably, as well as in other instances of the Arbitration Court receiving, before the above date, notification of the parties' refusal to be their dispute considered by the Court, 50% of the arbitration fee less the amount of the registration fee shall be returned to the claimant. 

    3. Where owing to the circumstances mentioned in paragraph 2 of this section the examination of the case is terminated at the first hearing before the Court without an award being made, 25% of the arbitration fee less the amount of the registration fee shall be returned to the claimant. 

    4. In cases as provided by paragraphs 1,2,3 the decision of the partial return of the arbitration fee shall be contained in the award or order for termination of the arbitral proceedings in a case. If the arbitral proceedings terminates before the composition of the Arbitral Tribunal is formed, order for return of the fee is to be passed by the President of the Arbitration Court. 

    IV. Arbitration Fee in Respect of Counterclaim

    1. The Rules as to the arbitration fee relating to the principal claim shall also apply to a counter-claim. 

    V. Allotment of Arbitration Fee

    1. The arbitration fee shall be borne by the unsuccessful party, subject to any other rules. 

    2. Where the claim is partially awarded the arbitration fee shall be borne by the respondent in proportion to the satisfied amount of the claim and by the claimant in proportion to the dismissed part of the claim. 

    3. The parties are free to agree on an allotment of the arbitration fee other than provided in paragraphs 1 and 2. 

    VI. Costs of the Arbitration Court

    1. The costs of the Arbitration Court shall be paid by the parties as follows: 

    • If the parties agreed the consideration to be conducted neither in Ukrainian nor in Russian, they shall borne the expenditures for the interpreter solidary. 
    • If upon the request of a party the translation of the commentaries and instructions of the Arbitral Tribunal is made on a language another than Ukrainian or Russian, the expenses of translation shall be paid by the requesting party. 

    The same rule shall apply to translation of the awards of the Arbitration Court and to the cases provided for in Articles 4.7.-8. of the Rules of the Arbitration Court. 

    2. In a case of participation in the proceedings of the appointed by a party arbitrator, whose habitual residence is out of the place of meeting of the Arbitration Court, this party shall made an advance for payment for his participation in the arbitral proceedings (on travelling expenses, accommodation, etc.).
    In case of appointment of such arbitrator by the President of the Ukrainian Chamber of Commerce & Industry or in a case of his appointment as the presiding arbitrator, the named advance should be made by each party in equal amounts, and if the respondent should not made the corresponding advance in the said time-limit, the payment of such advance should be made by the claimant.
     

    3. The Arbitration Court may request that the claimant should deposit an advance to cover the costs as are necessary for the conduct of the proceedings.
    The Arbitration Court may also request the party applying for necessity to provide any act connected with the proceedings to pay the advance, if it considers such application justified.
     

    4. The costs of the Court shall be computed in the currency in which they are incurred. The date of payment of costs or advance costs shall be determined according to the rules of paragraph 4 of Section II. 

    VII. Expenses of the Parties

    1. Each party shall bear his own expenses mentioned in paragraph 3 of Section I.
    Expenses born by the party in favour of which the award has been made, connected with the defence of its interests before the Arbitration Court (travelling allowance, expenses for legal assistance etc.) can be reimbursed to the other party to the extend which is found justified by the Arbitration Court.
     

    2. By way of exception of the rules laid down in Sections V-VII the Arbitration Court may exact for benefit of party the other party's unnecessary expenses caused by the former's unfair and inappropriate acts. Such acts shall include, in particular, acts causing an unjustified delay in the proceedings.