International arbitration
We represent clients before the ICC, LCIA, SCC, ICSID and the ICAC at the Ukrainian Chamber of Commerce and Industry: from the request for arbitration to the final award. We run investment disputes against states and disputes under foreign trade contracts, obtain recognition and enforcement of arbitral awards in Ukraine, challenge them or defend them against annulment, and draft workable arbitration clauses.
Representation before the ICC, LCIA, SCC, ICSID and the ICAC at the Ukrainian Chamber of Commerce and Industry
Running arbitration cases from the request for arbitration to the final award: constituting the tribunal, written submissions, evidence, hearings, examination of witnesses and experts.
International arbitration is a process won not by the party that is right, but by the party able to prove it under the rules of the particular arbitral institution. The PROCTOR team runs cases before the ICC, LCIA, SCC, ICSID and the ICAC at the Ukrainian Chamber of Commerce and Industry - from the request for arbitration to the final award.
We constitute the tribunal, prepare written submissions and evidence, and work with witnesses and experts at the hearings. The client receives representation of an international firm standard - with an understanding of the Ukrainian context of the dispute and of the real prospects of enforcing the award.
Investment arbitration
Protecting foreign investors in disputes against states under bilateral investment treaties and the Energy Charter Treaty - and defending the state against unfounded investor claims.
Commercial arbitration under foreign trade contracts
Disputes under international supply, works and distribution contracts: recovery of debt and damages, termination of contracts. Application of the CISG and of foreign substantive law.
Recognition and enforcement of arbitral awards in Ukraine
The procedure for recognising foreign arbitral awards under the New York Convention and obtaining leave for their enforcement. Support through to actual recovery from the debtor's assets in Ukraine.
Challenging arbitral awards
Setting aside arbitral awards on the grounds of a breach of the arbitration agreement, of public policy or of procedural guarantees - and defending awards against attempts by the other side to challenge them.
Arbitration clauses in contracts
Drafting workable arbitration clauses while the contract is still being concluded: the choice of institution, the seat of the arbitration, the governing law, the language and the number of arbitrators. A mistake here is the most expensive of all - we also repair «pathological» clauses.
How we run an arbitration
From checking the arbitration clause to the recognition and enforcement of the award in Ukraine.
01
Checking the clause
We read the arbitration clause and establish the institution, the seat, the governing law and the language of the proceedings. If the clause is pathological, we look for a workable route.
02
Assessing claim and enforcement
The size of the claim is quantified, the evidence assessed and the assets of the respondent located. That answer decides whether starting an arbitration makes sense at all.
03
Request for arbitration
We file the request, constitute the tribunal and agree the procedural calendar. The pace of the whole proceeding is set at this step.
04
Submissions and evidence
We prepare the memorials, gather the documents, bring in technical and financial experts and prepare the witnesses for cross-examination at the hearings.
05
Hearings and the award
At the hearings of the tribunal we represent the client, examine the witnesses and the experts and file the post-hearing submissions before the award is made.
06
Recognition and enforcement
We obtain leave for enforcement from the Ukrainian court under the New York Convention and take the case through to recovery from the assets of the debtor.
Ways we take part in arbitration
The scope depends on whether this is drafting a clause, one stage of a case or running the case in full.
Arbitration clause
Drafting a clause for a contract or repairing one already in force: the choice of institution, seat of the arbitration, governing law, language and number of arbitrators.
Running the arbitration
Representation from the request for arbitration to the final award: constituting the tribunal, the written submissions, the evidence, the witnesses and the hearings.
Arbitration and enforcement
The case run together with the later recognition of the award in Ukraine, its defence against annulment and recovery from the assets of the debtor.