CURRENT ISSUE (September 2019)

In focus – Alternative dispute resolution

Alternative dispute resolution is a standalone legal practice that provides businesses with more and more opportunities for settlement outside the traditional judiciary.

Expert Opinion

Forum Non Conveniens in Ukrainian Litigations: УЕ and Justice for allФ?

Taras Dumych, Sergii Zheka, Iryna Fedorovych

Forum non conveniens (hereinafter Ч УFNCФ) is a common law doctrine that allows parties to dismiss a civil action in a court that is a natural venue for the dispute and choose a more appropriate alternative forum, including an alternative forum in another country.

In Re

Amicable Settlement of Investor-State Disputes

Yuna Potomkina, Mykhailo Soldatenko

Investment arbitration is usually considered an effective and major way of resolving investor-state disputes. At the same time, despite its many benefits as any adversarial process it entails certain disadvantages for both investors and States. In light of this, in recent years the tendency to promote amicable settlement in ISDS by means of ADR tools has loomed large.

International Arbitration as an Indispensable Mechanism for Transforming the Ukrainian Energy Sector

Timur Bondaryev, Oksana Karel, Iurii Rybak

International arbitration has been widely used as a mechanism for resolving commercial disputes in Ukraine. In particular, one of the most notable spheres where Ukraine business made use of arbitration is the energy sector, where one can observe an upsurge of commercial disputes lodged in recent years.† Obliquely, the driving force for the manifold use of arbitration in the Ukrainian energy sector was a substantial reformation of energy legislative framework that the Ukrainian Government conducted more recently.†

Legal Regulation of the Institute of Mediation in Ukraine

Rostyslav Nykitenko

According to official EU statistics, around 80% of disputes submitted for mediation in Europe are resolved without a trial. The effectiveness of mediation is the ability to maintain a loyal relationship between parties after a conflict resolution and, at the same time, achieve a positive outcome for each side.

Mediators and Lawyers Ч Compete or Cooperate?

Olena Bilozor

It is difficult to find a Ukrainian lawyer who has not yet heard of mediation, namely negotiations where the parties to a dispute attempt to reach an amicable settlement of their dispute with the assistance of a neutral mediator. In the meantime, still few tried it. Ukrainian legal professionals tend to treat mediation as a service that competes against litigation. Nevertheless, in foreign jurisdictions where the mediation has found its place as a dispute resolution alternative, law firms and mediation agencies are the best partners.

News

Deals

Asters advised Dobrobut Group

CMS advised EuroCape

AEQUO and AVELLUM participated in sale of Smart Plaza Obolon

Dentons advised BCP Securities on its launch in Ukraine

Cases

Ukrtelecom lost case to state-owned Oschadbank

Court refused to†lift arrest of assets of Ihor Kolomoisky

McDonaldТs lost right to TM УMcФ for some products

Court postponed transfer of AVK factory to Ukrainian subsidiary of Russian bank

Shell filling stations to be fined UAH 79 million due to anti-competitive practices

Draft

Fiscal Service proposes to fine legal entities for violating currency legislation

Ministry of Health proposes to prohibit animal testing of cosmetic products

Ministry of Regional Development proposes new requirement for rebuilding of Khrushchev era buildings

Law digest

Ukraine signed Singapore Convention

NBU lifts restrictions on purchase of foreign currency on credit

Law on organic products now in force in Ukraine

New rules for labeling food products introduced

Biznews

Banking & Finance

State-run Deposit Guarantee Fund puts up loans pool of 17 banks for sale again

Business Protection

Number of business appeals to actions by law-enforcement agencies falls

Energy

WOG withdraws from Ukrainian wholesale oil products market

Regulator reduces Ukrenergo service tariff by half

Investment

Management of Olvia and Kherson seaports to be transferred to private companies

Telecommunications

4G to cover all Kyiv Subway System by 2020

Regulatory

Business people being notified of changes within their companies to fight raiders

State Employment Service to start business inspections again

Cover Story

Deliberate Choice

The period of clean-up of the Ukrainian banking sector in 2014-2015 became a serious crash test for the entire Ukrainian banking system. It revealed not only serious regulatory violations, the weak quality of loan portfolios, poor risk-monitoring procedures, political interference, but also the lack of rule of law.

Argument

Right to Fair Trial under ECHR Ч Applicability to ICA

Julia Demianchuk

When you turn to international commercial arbitration, itТs all about the fairness of procedure and impartial judges you want to come up with. These and other reasons are those leading ones that result in companies making a choice between national courts as a place for dispute resolution, on the one hand, and international arbitration as a gaining momentum method of alternative dispute resolution, in favor of the latter.

Crux

Legal Digest

Despite the overall quietness in law-making activities before the start of the new political season, there are still some attention-worthy legislative highlights of the previous month related to the corporate, agricultural and energy sectors. These include amendments to the Auction Law, Law On Basic Principles and Requirements for Organic Production, Circulation and Labeling of Organic Products and a disputed resolutions of the Cabinet of Ministers of Ukraine. The UJBL editorial team asked our experts to provide comments on the issues mentioned.

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