#01-02 January-February 2011

In focus – Dispute Resolution

The mechanism of dispute resolution has become a core element at all stages of commercial activity. The Ukrainian judiciary has been an object of public debates and criticism for weakness and prone to political influence for the entire period of the countrys independence

Expert Opinion

Judicial Reform. With what Judiciary will We See in 2011?

Markian M. Malskyy, Volodymyr V. Yaremko

Ukraine enters the New Year with a substantially reformed judiciary. On 7 July 2010 the new On the Judiciary and Status of Judges Act of Ukraine (hereinafter the Act) was adopted by the Verkhovna Rada (Parliament) of Ukraine, which marked judicial reform in Ukraine (hereinafter Reform)

In Re

Amicus Curiae a Friend of the Court. Why not in Ukraine?

Anna N. Kombikova

This fall I had an internship with a major US non-governmental organization the Lawyers Committee for Civil Rights Under Law where I could observe lawyers exercising some of the legal opportunities that, unfortunately, are not yet known to Ukrainian law

Mediation the Way Forward

Zoya H. Burbeza

As the World develops into a Global Village, business has expanded beyond what could have been imagined 20 years ago. Now businessmen not only trade in their own towns and cities, but all over the world

Division of Judicial Jurisdiction in Resolving Land Disputes: Novel Legislation

Yevgeniya O. Ruzhentseva

The issue of land dispute jurisdiction division by the courts in the process of making decisions regarding claim acceptance for proceedings still remains one of the most topical and problematic issues in judicial practice

Spinning a Coin: Dispute Settlement Mechanism under Free Trade Agreement or the WTO?

Andrii V. Zablotskyi, Tetiana O. Kheruvimova, Iryna S. Polovets

This article addresses the dispute settlement mechanism under free trade agreements which have flourished in the last few decades, and considers their potential as an effective substitution of the WTO dispute settlement mechanism and a tool for reducing potential conflicts of norms and jurisdictions

Hot Issue

Dispute Resolution in the WTO: Not a Piece of Cake

Nataliya Y. Mykolska, Nataliya B. Haletska

In 2010 Ukraine, as a new member of the World Trade Organization, has for the first time in its history referred to the World Trade Organization (WTO) dispute settlement mechanism by claiming the WTO inconsistency of certain Armenian tax laws

Case Law

The Alpha Projektholding Award, Ukraines First Defeat in ICSID Arbitration

Sergiy Y. Gryshko

On 8 November 2010 a three-member arbitration tribunal constituted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) rendered a first ever final award against the State of Ukraine. This award was issued in Alpha Projektholding GmbH vs. Ukraine (ICSID Case No.ARB/07/16) case (the Alpha award)

Argument

Capital Markets: Pacing to Stability

Iryna V. Pokanay, Gabriel P. Aslanian

Following the financial downturn of the late 2008 and 2009, 2010 has proved the viability of the Ukrainian economy significantly affected by the global economic crisis and, backed by the increasing demand for metal and agricultural products, has relaxed the relevant export-oriented Ukrainian producers in raising capital on the worlds finance markets

New Public Procurement Act of Ukraine through the Lens of International Standards

Olexander P. Shatkovskyy, Peter E. Gjortler

On 31 July 2010 the new On Public Procurement Act of Ukraine (hereinafter the Act) came into force. The Act was adopted as a result of its revision based on the comments of Ukrainian President Viktor Yanukovych and with the assistance of international experts from the World Bank and the EU (including EU funded Project where authors of this article work)

The Place of Arbitration: Does it always Matter?

Olga A. Stetsenko

Commercial arbitration is considered to be a relatively old, even ancient, field of law. Its theory has sustained various changes with the flow of time and views. The question of the location of arbitration is an issue with a very variable history of views. On the morning of discussions about arbitration as a field of law, its theory and practice, the question of place was not highly discursive and pervasive

Global Legal Update

Arbitration and Mediation in China: Essential Issues for Ukrainian Business

Oleg V. Gromovoi

China seems to be the main political, economic and trade partner of Ukraine in the Asia-Pacific region. Ukraine and China have achieved great results in economic, political and humanitarian cooperation

Networking

Meeting of Fiends: Kiev Stolypin Club Arranged Public Event

On 8 December the Stolypin Club, which was officially opened on 14 April 2010, brought together representatives of business, politics, and social life at the Museum of Mikhail Bulgakov just in the very heart of historical Kiev

Venue

Investment Attraction: Underestimated Value of Reputation

Olga A. Usenko, Alena A. Chernyavskaya

December 2010 became a period of summing up policy and economic development in Ukraine both from domestic and international perspectives. A 2-day event in Kiev called Ukraine Investors Summit 2010. Realizing its potential through new Leadership was organized by Euroconvention Conferences in association with the Ukrainian Chamber of Commerce and Industry and held on 14-15 December

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