International Litigation and Arbitration
"Hints & Tips on Arbitration" in Ukraine
How to win an already lost case
In cases where amicable resolution is hard to achieve arbitration may be the best option. As international trade and investments have grown, most businesses around the globe have embraced international arbitration as the preferred method of resolving their disputes. Companies doing business in emerging markets are well aware of the role of international arbitration and of investment protection treaties in mitigating the risks of political, economic and legal instability.
Arzinger attorneys render full-scale services related to international arbitration: from drafting arbitration agreements to enforcing arbitral awards. Knowledge of legal loopholes and extensive practice enables us to creatively approach each case and take right actions even in the most difficult situations.
Throughout the years of our existence we handled many international arbitrations administered by the world’s leading arbitral institutions among which were:
- International Chamber of Commerce (ICC);
- LondonCourt of International Arbitration (LCIA);
- StockholmChamber of Commerce (SCC);
- ViennaInternational Arbitral Centre (VIAC);
- German Institution of Arbitration (DIS);
- Swiss Chambers' Court of Arbitration and Mediation;
- International Commercial Arbitration Courtat the Chamber of Commerce and Industry of theRussian Federation;
- International Commercial Arbitration Courtat the Ukrainian Chamber of Commerce and Industry.
We have wide experience in international investment arbitration, including claims brought under bilateral investment treaties (BITs) and multilateral investment treaties (MITs), involving the application of public international as well as private law.
Our attorneys participated in international investment arbitration cases, including proceedings under the Rules of theInternationalCenterfor Settlement of Investment Disputes (ICSID).
We are also well experienced in ad hoc arbitrations, in particular under the UNCITRAL Rules.
Our team is very familiar with arbitration in specific industries, including the rules of International Federation of Consulting Engineers (FIDIC), Grain and Free Trade Association (GAFTA), London Metal Exchange (LME), the Federation of Oils, Seeds and Fats Associations Ltd (FOSFA) and Court of Arbitration for Sport (CAS).
Attorneys of Arzinger inter alia provide following services in the area of alternative dispute resolution:
- drafting and negotiating alternative dispute resolution clauses and agreements;
- negotiations, mediation and development of strategies for amicable settlement;
- conducting arbitral proceedings worldwide as counsel or co-counsel;
- enforcement of arbitral awards inUkraineand supervision of enforcement globally;
- litigation before domestic courts in connection to arbitration, including interim relief applications and challenging the arbitral awards;
- providing guidance on the incorporation of specific dispute resolution clauses, arbitration rules, choices of law and governing law;
- expert evaluation as to Ukrainian law in international arbitration proceedings;
- advising on the protection of investments, joint activity and product sharing agreements through the application of bilateral investment treaties and multilateral treaties incorporating arbitration procedures.