R

Representation before the ICAC at the Ukrainian Chamber of Commerce and Industry

Updated: November 2026
 
A foreign buyer does not pay for delivered goods, a supplier will not return an advance, a joint venture partner breaches the deal. Where the contract contains a clause referring disputes to the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC), the dispute is heard by arbitration rather than a state court. The case is heard in a single instance and confidentially, and the award can be enforced abroad. Since May 2026, the range of disputes that can go to the ICAC has widened considerably.
 
Disputes heard by the ICAC
The ICAC’s jurisdiction is set by the Law of Ukraine “On international commercial arbitration” (in Ukrainian) and the ICAC Rules as amended in 2025.
 
A dispute goes to the ICAC under a written arbitration agreement, either a separate agreement or a clause in the contract. The ICAC hears:
  • contractual and other civil disputes arising from foreign trade, where at least one party is abroad;
  • disputes of enterprises with foreign investment;
  • since 21 May 2026, under Law of Ukraine No. 4856-IX (in Ukrainian), also disputes between Ukrainian companies where the subject matter of the contract is connected with more than one state, corporate disputes in companies with foreign investors, and investment disputes involving the state.
Maritime disputes, including charter, carriage and marine insurance disputes, are heard by the Maritime Arbitration Commission (MAC) at the Ukrainian Chamber of Commerce and Industry.
 
Advantages over state courts
  • a single instance. The award is final and is not reviewed on the merits on appeal or in cassation;
  • choice of arbitrators. The parties choose arbitrators with relevant expertise, and decide how many there will be;
  • language and procedure. Proceedings can be conducted in English, and hearings held online or in hybrid form;
  • confidentiality. Case materials and awards are not published in the Unified State Register of Court Decisions;
  • enforcement abroad. Awards are recognised in more than 170 states under the New York Convention of 1958. See our article on enforcement of ICAC awards abroad;
  • fewer delaying tactics. Since the 2026 reform, ICAC decisions on the appointment and challenge of arbitrators cannot be contested in state courts.
How proceedings work
The claim is filed with the ICAC together with proof of payment of the registration fee. Once the claim is accepted, the arbitration fee is paid; its amount depends on the value of the claim and can be estimated in advance with the ICAC fee calculator (in Ukrainian). Arbitration costs, including legal costs, are borne by the losing party as decided by the tribunal.
 
The parties then appoint the arbitrators, exchange the claim, the defence and further submissions, and the tribunal holds a hearing.
 
Practical points that affect the outcome:
  • the arbitration agreement. Before filing, check that it covers this particular dispute and names the institution correctly. A mistranslated name of the ICAC does not by itself invalidate the agreement (Supreme Court ruling of 18 June 2026 in case No. 824/75/24), but it can delay the case;
  • details of the respondent. The current name, address and status of a foreign company are taken from the trade register of its home country. Proper notice to the respondent determines whether the award can later be enforced;
  • evidence. The contract, specifications, invoices, customs declarations, CMRs, bank statements and correspondence. Foreign-language documents are usually filed with translations;
  • interim measures. Before the claim is filed or during the proceedings, a freeze of the debtor’s assets in Ukraine can be sought. The application is made to a state court.
Set-aside and enforcement in Ukraine
An ICAC award can be challenged only by an application to set it aside, filed with the court of appeal at the seat of arbitration within three months of receipt of the award. The grounds are exhaustive: a missing or invalid arbitration agreement, lack of notice to a party, an award beyond the scope of the agreement, irregularities in the tribunal’s composition or the procedure, non-arbitrability, or conflict with public policy (art. 34 of the Law). The court does not review the merits. Only a small share of ICAC awards are set aside.
 
To enforce an award in Ukraine, an application for recognition and leave to enforce is filed with the court of appeal at the seat of arbitration. An award may be presented for enforcement within three years of its date. The procedure is set by the Civil Procedure Code of Ukraine (in Ukrainian).
 
Firm experience
Our services
  • review of the contract, the arbitration clause and the prospects of a dispute;
  • obtaining information on the respondent from foreign trade registers;
  • preparation of claims, defences and procedural documents before the ICAC and the MAC;
  • representation at hearings, including in English;
  • interim measures and freezing of the debtor’s assets in Ukraine;
  • challenges to ICAC awards and defence against set-aside applications;
  • drafting of arbitration clauses in light of Law No. 4856-IX.