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Rules of the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry (1994)

  • I. Competence of the Maritime Arbitration Commission

    1.1. The Maritime Arbitration Commission shall settle disputes arising from contractual and other civil law relationships in the area of merchant shipping, irrespective of whether the parties to a relationship include both Ukrainian and foreign entities, or whether the parties are only Ukrainian entities or only foreign entities. In particular, the Maritime Arbitration Commission shall settle disputes arising from relationships concerning the following matters: 

    1) the affreightment of vessels, the carriage of goods by sea, the carriage of goods in the mixed navigation (river-sea);
    2) the maritime towage of vessels or other floating objects;
    3) marine insurance and reinsurance;
    4) the sale of seagoing vessels and other floating objects, their repairs and maritime liens;
    5) piloting, conducting through ice, agencing or other servicing of seagoing vessels, as well as vessels of inland navigation to the extend that the relevant operations are connected with the sailing of such vessels on the sea routes;
    6) the use of vessels for scientific research, extraction of minerals and hydrotechnical and other works;
    7) the salvage of seagoing vessels or vessels of inland navigation by seagoing vessels, as well as the salvage in sea waters of vessels of inland navigation by other vessel of inland navigation;
    8) the raising of vessels and other property sunken in sea waters;
    9) collisions between seagoing vessels, or between a seagoing vessel and vessel of inland navigation, or between vessels of inland navigation in sea waters, as well as the infliction by a vessel of damage to port installations, navigational aids and other objects;
    10) the infliction of damage to fishing nets or other fishing gear, as well as the infliction of other damage in conducting maritime fishery trade.
     

    The Maritime Arbitration Commission shall also consider disputes arising in connection with sailing of seagoing vessels and vessels of inland navigation on international rivers, in the instances specified in the present article, and also disputes arising in connection with performing by vessels of inland navigation abroad carriages. 

    1.2. The Maritime Arbitration Commission 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 Maritime Arbitration Commission that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. 

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

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

    1.7. A plea that the Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission may, in either case, admit a later plea if it considers the delay justified. 

    1.8. The Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission may continue the arbitral proceedings and make an award. 

    1.9. Unless otherwise agreed by the parties, the Maritime Arbitration Commission may, at the request of a party, order any party to take such interim measures of protection as the Maritime Arbitration Commission may consider necessary in respect of the subject-matter of the dispute. The Maritime Arbitration Commission 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. Organization of the Maritime Arbitration Commission

    2.1. The Maritime Arbitration Commission shall consist of the President, two Vice-presidents, the arbitrators and the Secretary in Charge. 

    2.2. The Maritime Arbitration Commission has its Presidium, which members are the President of the Maritime Arbitration Commission and its Vice-Presidents.
    The President of the Maritime Arbitration Commission 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 Maritime Arbitration Commission and its Vice-Presidents shall be approved by the Presidium of the Ukrainian Chamber of Commerce and Industry for the term of 4 years.
    The President of the Maritime Arbitration Commission shall organize activity of the Commission, perform functions mentioned in the present Rules, represent the Maritime Arbitration Commission in its relations in Ukraine and abroad.
    One of the Vice-Presidents, as designated by the President of the Maritime Arbitration Commission, shall perform functions of the President of the Maritime Arbitration Commission in his absence.
    Functions of the Vice-presidents of the Maritime Arbitration Commission shall be defined by the President of the Maritime Arbitration Commission.
     

    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 and Industry.
    Presidium of the Ukrainian Chamber of Commerce and 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 Maritime Arbitration Commission.
     

    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 Secretary in Charge is appointed by the President of the Ukrainian Chamber of Commerce and Industry by recommendation of the Presidium of the Maritime Arbitration Commission.
    The Secretary in Charge shall organize the clerical work and shall perform functions provided by the Rules.
     

    2.7. The arbitrators, the Presidium and Secretary in Charge of the Maritime Arbitration Commission shall maintain the confidentiality in regard to the disputes settled in the Maritime Arbitration Commission. 

    2.8.The Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry has its own seal reproducing its name in the Ukrainian and English languages and displaying an anchor and the scales of justice. 

    III. Composition of the Maritime Arbitration Commission considering the case

    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 Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 and 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 and 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 and 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 and 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 Composition of the Maritime Arbitration Commission, 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 and 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 Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission.
    Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the Presidium of the Maritime Arbitration Commission 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 and Industry to decide on the challenge; its decision shall be subject to no appeal. While such a request is pending, the Composition of the Maritime Arbitration Commission, 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 and 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 Maritime Arbitration Commission in conducting the proceedings.
    Failing such agreement, the Maritime Arbitration Commission 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 Maritime Arbitration Commission include the power to determine the admissibility, relevance, materiality and weight of any evidence.
     

    4.3. The location of the Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission.
     

    4.8. The Maritime Arbitration Commission 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 Maritime Arbitration Commission. 

    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 Composition of the Maritime Arbitration Commission 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 Maritime Arbitration Commission. 

    4.11. The Secretariat of the Maritime Arbitration Commission 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 Registered letter with special delivery or shall be handed personally against receipt.
    Other documents and communications may be sent by ordinary mail or by telefax, telegraph.
     

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

    4.15. The computation and allotment of arbitration fees and compensation of the expenses of the Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission. 

    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 Maritime Arbitration Commission.
    The date of the filing a claim to the Maritime Arbitration Commission shall be the date of its handing to the Maritime Arbitration Commission, 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 Maritime Arbitration Commission; 
    • the names and postal addresses of the parties; 
    • an indication of the amount of claim; 
    • the claimant's demands; 
    • substantiation of jurisdiction of the Maritime Arbitration Commission; 
    • 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 in Charge 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 and 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, the Secretary in Charge 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 the Secretary in Charge shall notify the Claimant about the necessity in accordance with Article 3 of the Rules to send statement on the quantitative composition of the Maritime Arbitration Commission and appoint an 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 Maritime Arbitration Commission 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 and 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 Maritime Arbitration Commission 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, the Secretary in Charge of the Maritime Arbitration Commission 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 the Secretary in Charge shall offer to the Respondent within 30 days from the date of receipt of the Statement of Claim to submit to the Maritime Arbitration Commission 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 groundings, unless the parties have otherwise agreed as to the required elements of the Statement of Defence, as well as to communicate to the Maritime Arbitration Commission 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 and 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 Maritime Arbitration Commission 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. The Secretary in Charge shall make preliminary preparation for the consideration of the case in accordance with Articles 4, 5 of the present Rules. 

    6.2. The Composition of the Maritime Arbitration Commission 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. The Secretary in Charge shall notify the parties 30 days prior to the proceedings of the time and place of the meeting of the Composition of the Maritime Arbitration Commission and of the personal composition of the Maritime Arbitration Commission.
    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 Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission or the purpose of inspection of goods, other property or documents. 

    7.3. All the statements, documents or other information supplied to the Composition of the Maritime Arbitration Commission by one party shall be communicated to another party. Also any expert report or evidentiary document on which the Composition of the Maritime Arbitration Commission may rely in making the decision shall be communicated to the parties.
    The parties may conduct their cases in the Maritime Arbitration Commission and take part in the arbitral proceedings directly or through their duly authorized 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 Composition of the Maritime Arbitration Commission shall terminate the proceedings; 
    2. the Respondent fails to communicate his Statement of Defence in accordance with the Rules, - the Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission may continue the proceedings and make the award on the evidence before it. 

    7.5. The Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission as preventing to settle dispute in the given meeting. 

    7.6. Unless otherwise agreed by the parties, the Maritime Arbitration Commission: 

    1. may appoint one or more experts to report to it on specific issues to be determined by the Composition of the Maritime Arbitration Commission; 
    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 Composition of the Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission shall apply the law determined by the conflict of laws rules which it considers applicable. 

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

    8.4. In all the cases, the Maritime Arbitration Commission 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 Maritime Arbitration Commission for termination of arbitral proceedings. 

    8.6. In arbitral proceedings with more than one arbitrator any decision of the Composition of the Maritime Arbitration Commission 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 authorized by the parties or all members of the Composition of the Maritime Arbitration Commission. 

    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 Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission . 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 Composition of the Maritime Arbitration Commission shall terminate the proceedings and, if requested by the parties and not objected to by the Composition of the Maritime Arbitration Commission, 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 Composition of the Maritime Arbitration Commission shall issue an order for termination of the arbitral proceedings when: 

    1. the Claimant withdraws his claim, unless the Respondent objects thereto and the Composition of the Maritime Arbitration Commission recognizes 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 Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission 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 Maritime Arbitration Commission shall be entitled as an exception to extend this term; but not more than by 10 days. 

    8.15. The mandate of the Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission to give an interpretation of a specific point or part of the award. 

    If the Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission 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 Composition of the Maritime Arbitration Commission to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the Composition of the Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission. 

    VI. Recognition and Enforcement of an arbitral award

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

    10.2. An arbitral award shall be recognized 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 Maritime Arbitration Commission 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 recognize and enforce awards of the Maritime Arbitration Commission 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 Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry.
    Arbitration fee comprises arbitrators' fees for examination and settlement of an economic dispute and administration fee to cover the Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission, 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 Maritime Arbitration Commission 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 is 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 Maritime Arbitration Commission.
     

    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 Maritime Arbitration Commission 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 and 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 Maritime Arbitration Commission 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 and Industry.
     

    6. If the consideration of the case is terminated by the decision of the President of the Maritime Arbitration Commission 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 Maritime Arbitration Commission 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 Maritime Arbitration Commission receiving, before the above date, notification of the parties' refusal to be their dispute considered by the Maritime Arbitration Commission, 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 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 Maritime Arbitration Commission is formed, order for return of the fee is to be passed by the President of the Maritime Arbitration Commission. 

    IV. Arbitration Fee in Respect of Counter-claim

    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 Arbitral Procedure

    1. The costs of the arbitral procedure shall be paid by the parties as follows: 

    If the parties agreed the consideration to be conducted neither in Ukrainian or 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 Composition of the Maritime Arbitration Commission 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 Maritime Arbitration Commission and to the cases provided for in Articles 4.7.-8. of the Rules of the Maritime Arbitration Commission. 

    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 Maritime Arbitration Commission, this party shall make an advance for payment for his participation in the arbitral proceedings (on travelling expenses, accomodation, etc.).
    In case of appointment of such arbitrator by the President of the Ukrainian Chamber of Commerce and 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 Maritime Arbitration Commission may request that the claimant should deposit an advance to cover the costs as are necessary for the conduct of the proceedings.
    The Maritime Arbitration Commission 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 arbitral procedure 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 Maritime Arbitration Commission (traveling allowance, expenses for legal assistance etc.) can be reimbursed to the other party to the extend which is found justified by the Maritime Arbitration Commission.
     

    2. By way of exception of the rules laid down in Sections V-VII the Maritime Arbitration Commission 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.