Submit to an international commercial arbitration court

The International Commercial Arbitration Court (ICAC) is an alternative body to the state court that considers disputes arising from legal relations in the field of international trade and other areas of economic activity.

What is an international commercial arbitration court?

The International Commercial Arbitration Court (ICAC) is a permanent arbitration institution that operates on the basis of international treaties and Ukrainian legislation.

ICAS has the following advantages:

• Independence. ICAC arbitrators are not civil servants and do not depend on any authorities.
• Neutrality. ICAC guarantees neutral and impartial consideration of disputes.
• Competence. ICAC arbitrators have high qualifications and experience in the field of international law.
• Privacy. Consideration of disputes in ICAC takes place behind closed doors.
• Efficiency. ICAC procedures are, as a rule, much faster and cheaper than judicial ones.

ICAC can consider disputes:

• Between legal entities from different countries.
• Between legal entities from the same country, if their contract contains an arbitration agreement that provides for the transfer of the dispute to ICAC.
• Between individuals from different countries.
• Between natural persons from the same country, if their contract contains an arbitration agreement, which provides for the transfer of the dispute to ICAC.

Consult a lawyer

What issues does the international commercial arbitration court decide?

ICAC can resolve a wide range of disputes arising from:

1. Contracts of purchase and sale of goods.
2. Contracts for performance of works and provision of services.
3. Contracts of carriage.
4. Insurance contracts.
5. Investment disputes.
6. Disputes in the field of intellectual property.
7. And other disputes related to international trade and economic activity.

In what cases can it be submitted to the international commercial arbitration court?

You can file a claim with the International Commercial Arbitration Court (ICAC) in the following cases:

1. Availability of an arbitration agreement:

• The most important condition for applying to the ICAC is the existence of an arbitration agreement between the parties to the dispute.
• An arbitration agreement is a written agreement between the parties to refer all or certain disputes arising from their legal relationship to the ICAC.
• An arbitration agreement may be entered into:
  • In the form of a separate contract.
  • In the form of an arbitration clause included in the main contract.

2. International nature of the dispute:

• ICAC examines disputes of an international nature.
• Disputes are considered international if:
  • One of the parties to the dispute is a resident of a foreign country.
  • The location of the defendant at the time of filing the lawsuit is unknown.
  • The dispute arose from a contract concluded outside of Ukraine.
  • The dispute arose from the performance of a contract that was concluded on the territory of Ukraine, but the performance of which was supposed to take place outside of Ukraine.

3. Jurisdiction of ICAC:

• ICAC has jurisdiction to consider disputes arising from:
  • Contractual and other civil legal relations in the field of international trade.
  • Other spheres of economic activity.
• ICAC cannot consider disputes:
  • From public-legal relations.
  • From family and hereditary relations.
  • From labor relations.
  • From land relations.

4. Consent of the defendant:

• An appeal to the ICAC is possible only with the consent of the defendant.
• If the defendant does not agree to consider the dispute in the ICAC, the plaintiff can apply to the state court.

Why is it risky to solve cases in the ICAC independently, without a lawyer?

• ICAC rules contain many formal requirements that must be followed.
• Failure to comply with these requirements may lead to the refusal to accept the claim statement, leaving the claim without consideration or annulment of the ICAC decision.
• A lawyer with experience in working with the ICAC will help you to correctly file a claim, prepare all the necessary documents and carry out other procedural actions.

Consult a lawyer

Advantages of the company “Prykhodko and partners”:

1. Many years of experience: our lawyers have extensive experience in handling cases at the ICAC, including cases with a foreign element.
2. In-depth knowledge: we have in-depth knowledge of arbitration law and ICAC practice.
3. Strategic approach: we develop and implement effective business strategies that enable our clients to succeed.
4. Individual approach: we approach each client individually, taking into account his needs and the circumstances of the case.
5. Confidentiality: We guarantee the confidentiality of all information provided to us by our customers.

By contacting us, you will receive a reliable partner in resolving your dispute in an international commercial arbitration court.

Would you like to order a consultation or find out the cost of a lawsuit in an international commercial arbitration court? Fill out the form below.