Article by Sergiy Shklyar and Markian Malskyy*

I INTRODUCTION TO DISPUTE RESOLUTION FRAMEWORK

As a country with a civil law system, Ukraine has all its sources of law promulgated as written acts. The basic legislative act is the Constitution, which establishes the principles of the structure of state bodies, their authority and discretion. The Constitution also prescribes for the list of inseparable human rights that are guaranteed to all under Ukrainian jurisdiction.

Court practice (court decisions) of higher courts is not traditionally considered as binding for courts of lower instance, as court precedents are not recognised as sources of law. However, the judgments of the Supreme Court of Ukraine must be followed by the lower courts in a similar situation.

The judicial system of Ukraine is built on the basis of instances and specialisation (courts of general jurisdiction and the Constitutional court of Ukraine, which is the sole judicial body with constitutional jurisdiction). There are three court instances in the system of courts of general jurisdiction: first instance courts, appellate courts and cassation courts. The system of general courts is supervised by the Supreme Court of Ukraine, consisting of three judicial houses, which revise the above-mentioned cases on the grounds of different application of substantial law by the cassation courts. The Supreme Court of Ukraine also revises cases on the ground of the non-performance of international obligations committed while considering the case, which was established by the international judicial body whose authority is recognised by Ukraine. The courts of general jurisdiction consider civil, criminal, commercial, administrative cases and cases on administrative offences.

The legislation of Ukraine also foresees the possibility of alternative dispute resolution, which is local arbitration (under 'the Law on Tertiary Courts') and international commercial arbitration (under 'the Law on International Commercial Arbitration').

II THE YEAR IN REVIEW

i The new Code of Criminal Procedure

The new Code of Criminal Procedure entered into force on 20 November 2012. The essential changes in the procedure of investigation and status of the parties will have a significant influence on the criminal procedure itself and all connected areas of law practice, which involve criminal procedural measures. The new concept of collecting evidence supporting the legal position by both parties was implemented into the Code of Criminal Procedure and reflects the intention to provide equal rights to both prosecution and defence. There are changes that are intended to decriminalise white-collar crimes. The concepts of house arrest and electronic tagging for limited periods, as well as clear bail conditions, have been introduced by the Code. Jury trial is also introduced: two judges and three jury members (chosen automatically from a panel of seven people elected by local authorities) hear cases of those alleged to have committed a crime.

The Code of Criminal Procedure contains an exhaustive list of crimes and the bodies responsible for the investigation of the respective crimes. For instance, the powers of the National Security Service will be limited to the investigation of crimes against the state, terrorism, espionage, illegal drug trafficking, war crimes, etc.

The State Tax Service will be responsible for considering only six crimes, all of which can be punished only with a fine, and for which only bail can be used as a preventive measure. This reform has already been accepted and entered into force on 17 January 2012.The new Code provides for the formation of the State Bureau of Investigation within five years. This new investigative body will also deal with cases of white-collar crime. Until the formation of the State Bureau of Investigation, white-collar crime will be investigated by the Security Service and the Ministry of the Interior as used to happen. The Prosecutor's Office will no longer be responsible for the investigation of crimes. However, as a transitional measure (for five years), it will be entitled to investigate crimes allegedly committed by law enforcement officers, judges and senior civil servants. The National Bureau of Anti-Corruption Investigations will be created and will take on responsibility for the investigation of these crimes.

ii The new Law on Government Guaranties for the Execution of Court Decisions

The law was adopted and signed by the President on 5 June 2012 and came into force on 1 January 2013. The law provides an official state guaranty for the execution of court decisions awarding monetary consideration and imposing an obligation to perform a certain act concerning the debtor's property, where the debtor is a state authority, publicowned enterprise, public organisation or institution, or legal entity, whose property cannot be mandatorily sold.

iii The new Law on Renewing a Debtor's Solvency or Declaring its Bankruptcy

The new edition of the Law on Renewing a Debtor's Solvency or Declaring its Bankruptcy, adopted in December 2011 and amended in October 2012, will enter into force on 19 January 2013. The Law substantially amended the bankruptcy procedure, it inter alia decreased the rights of secured creditors to participate in the bankruptcy procedure and changed the regulation of activity of the bankruptcy trustee.

iv The new Law on the Bar and Legal Practice

The new edition of the Law on the Bar and Legal Practice entered into force on 15 August 2012. The new Law changed the procedure of admittance to the Bar, by introducing an obligatory six-month internship as a practising attorney-at-law, as well as providing more rights and guarantees to the attorney-at-law. The Law also changed the structure of the attorney self-governance.

v The new Customs Code

The new edition of the Customs Code entered into force on 1 June 2012. The new Code shortened the limitation periods for application of the sanctions for breach of customs rules, namely specifying the procedure of confiscation as a separate or additional sanction that might be applied only upon the court decision. It also increased the amount of contraband that constitutes a breach of customs rules, as in 2011 contraband was decriminalised.

III COURT PROCEDURE

i Overview of court procedure

According to Ukrainian legislation courts of general jurisdiction are divided into three types depending to the nature of the dispute: general local courts (for the resolution of civil and criminal cases and administrative torts), commercial courts and administrative courts.

Court procedures are regulated by procedural codes that are different for each type of court jurisdiction (civil, criminal, commercial and administrative).

ii Procedures and time frames

General local courts consider civil and criminal cases and also cases on administrative offences (administrative torts). In addition, the courts handle cases on the enforcement and challenging of arbitral awards, obtaining writs of execution to enforce arbitral awards, recognition and enforcement of foreign judgments and arbitral awards, establishment of facts, etc.

Civil proceedings considered in general courts are instituted to resolve disputes between individuals or a legal entity and an individual regarding the protection of violated, unacknowledged or disputed rights, freedoms or interests arising out of civil, housing, land, family, employment relationships or other categories of disputes, which are not directly assigned to the jurisdiction of other types of courts. As a rule, all cases where the individual is the claimant or defendant fall under the jurisdiction of the general courts. Civil justice proceedings are governed by the Code of Civil Procedure.

In order to initiate civil proceedings the claimant also has to pay a court fee that amounts to 1 per cent of the sum of the claim.

Cases in general courts shall be considered by the court of the first and appellate instances within two months per each instance after the initiation of the proceedings, and within one month by the Higher Specialised Court of Ukraine for Civil and Criminal Matters (court of cassation). Proceedings in trial courts for reinstatement in office or recovery of alimony will occur within one month after the initiation of the proceedings. Although the Code of Civil Procedure sets the length of the proceedings for each court instance, the actual term of consideration of cases is much longer, given the high caseload of courts and the possibility of suspending the proceedings (e.g., for the period of examination or consideration of a related case by the same or another court).

In addition it should be noted that in civil proceedings, if the defendant, duly notified, repeatedly fails to appear in court, the court rules in the case based on the existing data or evidence (default judgment).

Criminal cases are also considered in general courts; however, the procedure of the consideration of such cases is governed by the Code of Criminal Procedure.

Commercial proceedings are considered by commercial courts aimed at resolving disputes concerning the economic activities of enterprises (legal entities as well as private entrepreneurs) and organisations. As a rule, the jurisdiction of the commercial courts is limited to cases where both the claimant and the defendant are legal entities. Commercial procedure is more rapid and effective compared with civil and administrative procedure. Jurisdiction of economic courts covers disputes arising out of the conclusion, amendment, termination or execution of economic contracts, bankruptcy cases, appeal of antitrust authority decisions, shareholders disputes, etc. Commercial procedure is governed by the Commercial Procedure Code. The court fee for filing the claim with a commercial court amounts to 2 per cent of the sum of the claim.

A dispute in commercial courts of one instance (in the first and appellate instances) shall be resolved in a period not exceeding two months per each instance after receipt of the claim. Dispute in the Higher Commercial Court of Ukraine (court of cassation) shall be resolved within a period not exceeding one month. The actual term of consideration of cases is slightly longer, but not as long as in general and administrative courts.

Administrative proceedings are considered by administrative courts. Public disputes (i.e., disputes of individuals or legal entities with public authorities, local governments, their officials and officers in respect of their exercise of management functions, and all kinds of tax and customs disputes) are within the jurisdiction of the administrative courts and are thus subject to administrative procedure. Administrative procedure is governed by the Code of Administrative Justice. In administrative procedure the duty of proving the legality of a decision, act or omission shall be laid on the subject of authority. Dispute in administrative courts (in the first and appellate instances) shall be resolved within a period not exceeding two months per each instance after receipt of the claim, however, usually this term exceeds six months per instance or even more.

Court proceedings in national courts of all jurisdictions are initiated upon a claim filed with the respective court by the claimant or prosecutor acting as the representative of the state or individuals in civil or commercial cases. If the court establishes that the claim meets all formal requirements it shall be considered in the court of the chosen jurisdiction, and if the territory court finds the claims acceptable it will open the proceedings in the case.

According to the procedural codes only the person or entity whose rights have been violated can claim to the court. As court practice shows, the courts usually reject claims if the party is not able to justify the personal interest in the case. At the same time, the state prosecutor is allowed to bring an action on behalf of the state or individuals who are not able to protect their rights by themselves.

A case at a court of first instance is usually heard by a single judge, however, the case may be considered by a panel of judges (three judges) in the first instance upon the motion of the parties or upon its own initiative if there are extraordinary reasons, such as the complexity or significance of the dispute, etc. The cases at the courts of appeal and cassation instances are usually heard by three judges.

The case consideration is completed by either a decision or a ruling. A court decision comes into effect within 10 days from its issuance if it is not appealed by parties, third parties or non-parties to the dispute whose rights are affected by the respective decision. A court ruling comes into effect within five days from its issuance if it is not appealed. The decision or ruling of a court of appeal is effective from the date of its issuance. Such decision or ruling of a court of appeal may be appealed to the court of cassation within 20 days from the date the decision or ruling was issued. All limitation periods indicated above may be renewed by the court upon a motion of the interested party. In case of the limitation period's expiration and the absence of the motion on prolongation the appeal might be dismissed.

Afterwards, the case can be revised by the Supreme Court of Ukraine in exceptional cases, namely if there were different applications of a legal rule by cassation courts in similar cases, or if it is established by an international court (e.g., the European Court of Human Rights, International Centre for Settlement of Investment Disputes) that the judgment violates Ukraine's international obligations.

Even the final decision in a case may be reconsidered upon petition for revision of a court ruling due to new circumstances that affect or might affect the result of dispute resolution.

Enforcement of court decisions and rulings is administered by the State Enforcement Service. In order to secure effective enforcement of the court decision prior to such decision being delivered and in order to mitigate the risk of the debtor's assets' alienation, the court may apply injunction measures in the course on the court proceedings upon the motion of the party. Claims can be secured by the precautionary seizure of property or funds, prohibition of certain acts, prohibition of payments or transfers of property by others, stopping the sale of seized property or suspending the enforcement on the basis of a writ of execution.

iii Class actions

Ukrainian legislation does not directly provide for class actions. However, under the procedural legislation, if the merits of the dispute are the same, general and administrative courts are empowered to combine the claims filed by different claimants to one respondent. However, it is not obligatory and it is only upon discretion of the court. Such legal procedure can be applied only after the claims were submitted and this procedure does not apply to proceedings in commercial courts.

Ukrainian legislation contains the provisions similar to class actions in the sphere of customers' rights protection, when a consumers' organisation (association) can bring actions aimed at protecting several consumers' rights. Formally the claim is still filed by one entity authorised by legislation to act on behalf of consumers.

iv Representation in proceedings

The Constitution of Ukraine guarantees everyone the free choice of legal assistance. The interpretation given by the Constitutional Court of Ukraine allows any lawyer being representative in the court procedure. However, the recently adopted Law on the Bar and Legal Practice limits court representation to be carried on only by attorneys-at-law (advocates), at least in the criminal case.

According to the procedural codes, a party can participate in the proceedings and represent its rights either by itself or through its authorised representatives. Legal entities may represent themselves through their governing body (managing partner or director, head of supervision committee, etc.) acting on the basis of the Charter or through the employees of the legal entity authorised by the governing body on the basis of the internal company's proxy document.

If a party chooses to be represented through the representative this person must be authorised by the individual or company by a power of attorney, proxy document or agreement between a party and attorney (advocate admitted to the Bar). If power of attorney is issued in a different state it must be notarised and duly legalised by apostille or other means of legalisation established in mutual agreements between the countries.

In cases where the state interests or state enterprises are involved such interests may be represented by the prosecutor even in the commercial courts.

If the individual is a minor or incapable of representing itself he or she may be represented by a parent or an official representative even without any proxy documents.

v Service out of the jurisdiction

Any natural person or legal entity who is a party or participant, including a witness, to litigation in Ukraine may be served judicial or extrajudicial documents outside the jurisdiction by court request.

Ukraine is a party to the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. According to Convention the judicial documents shall be sent through the channels of the central authorities created under the Convention and shall be accompanied by a summary in the form as annexed to the Convention. In Ukraine such central authority is the Ministry of Justice. Ukraine joined the Convention with the reservation to Article 10 of the Convention. Consequently, all judicial correspondence shall be sent only through the Ministry of Justice and not by regular post service.

vi Enforcement of foreign judgments

Foreign courts' decisions and rulings delivered in other jurisdictions may be enforced in Ukraine if there is a treaty on mutual legal assistance between the foreign state and Ukraine or, if there is none, under the principle of reciprocity (Ukrainian courts recognise and enforce foreign courts judgments if the respective state recognises and enforces Ukrainian judgments).

The procedure of recognition and enforcement of foreign judgments in Ukraine is regulated by the Code of Civil Procedure. In order to have legal force in Ukraine the foreign judgment shall be recognised by the competent state court (general court) at the location of the respondent or, if the respondent has no location in Ukraine, at the location of its assets in Ukraine upon application of the party to the case.

The procedure of recognition and enforcement by a competent state court in general is similar to ordinary litigation, however, the court cannot re-examine the foreign decision on the merits and may deny its recognition and enforcement on a limited number of procedural grounds.

After consideration of the respective application for recognition and enforcement of the foreign judgment, if the court of the first instance grants the recognition and enforcement of a foreign decision such decision may be enforced coercively by the State Enforcement Service.

vii Assistance to foreign courts

Assistance to foreign courts depends on whether there is a treaty on mutual legal assistance between the foreign state and Ukraine. If there is no respective treaty between the states the request for assistance shall be communicated through diplomatic channels in accordance with the Vienna Convention on Consular Relations. Ukraine is also a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, therefore the judge considering the case in a Ukrainian court may approach the respective authority abroad in order to interrogate the claimant, defendant or witnesses, request written documents and statements, etc. The foreign courts may send the same requests to the Ministry of Justice of Ukraine on these matters.

viii Access to court files

According to the Constitution, court proceedings are held on the principle of publicity. This means that case consideration in all courts is open and anyone (even those not party to the case) can attend case hearings, unless the court has decided otherwise upon a party's request of nondisclosure (in order to protect the rights to private life, commercial and state secrets, etc.). A court may also allow the recording of hearings upon the request of an interested party, which usually applies to journalists.

According to the procedural rules, only parties to the case have access to the case materials and are allowed to copy such materials, including the possibility of studying pleadings, motions, claims and answers, evidences and other documents contained in the case.

Since 2006 all the courts are obliged to publish all judgments and most of the rulings in the Unified State Register of Court Judgments. The public has unlimited access to the Register, which is available online. While names of individuals – parties to the dispute – are concealed and not disclosed, the names of the companies and disputes circumstances are disclosed in the Register.

ix Litigation funding

Litigation costs are comprised of a court fee, expertise costs, costs related to the review and onsite study of evidence, a translator's fee and legal expenses (attorney's fees in commercial proceedings) as well as other costs connected with the proceedings.

A party in whose favour the ruling is made shall be awarded the proved costs incurred by the other party. If the claim is sustained in part, the costs are awarded to the claimant in proportion to the sustained claim, and to the defendant in proportion to the part of the claim that was rejected to the plaintiff.

National legislation does not clarify whether court fees may be paid by a third person, however, according to court practice it is possible and shall not be an obstacle to the consideration of the case.

On the other hand, according to court practice, legal expenses shall be paid directly by a party for the case, even though the legislation does not directly establish such rule as in other cases courts do not award such expenses to the winning party.

IV LEGAL PRACTICE

i Conflicts of interest and Chinese walls

In general the procedural legislation of Ukraine limits the possibility of conflicts of interest by precluding representation by one person of more than one party in the proceedings.

The recently adopted new edition of the Law on the Bar and Legal Practice prescribes that conflict of interest is the collision between personal interests of the attorney-at-law and his or her professional rights and obligations that can affect his or her objectivity and impartiality, as well as the fulfilment or non-fulfilment of actions while practising law.

The Law, and similarly the Rules of Attorney-at-Law Ethics oblige the attorneyat- law to inform the client about a conflict of interest and forbid concluding a legal services agreement in the case of a conflict of interest or the possibility of a conflict of interest.

The procedure of verification of a conflict of interest is independently determined by the law firm or an individually practising attorney-at-law.

The breach of the conflict of interest principle by the attorney-at-law can be claimed to the court and Higher Qualification Commission of the Bar.

The conflict of interest issue is mostly managed at the discretion of the parties. Similarly the Chinese walls are applied in individual cases in the procedure, which is appropriate for all parties. Normally the Chinese wall is secured by signing a letter of warranty or agreement.

ii Money laundering, proceeds of crime and funds related to terrorism

The Law on the prevention and counteraction of the legalisation (laundering) of proceeds obtained by criminal means or terrorism financing determines that attorneysat- law, law firms and individuals practising law shall perform obligations of primary financial monitoring. Transactions subject to monitoring are the purchase of real estate, asset management, bank or securities account management, receiving finances for the incorporation and operation of a legal entity, incorporation of a legal entity and the purchase of corporate rights. The financial transaction is necessarily monitored if the amount of the transaction is equal to or exceeds 150,000 hryvnas. It should be noted that the Law determines that the submission to the respective state authority of the information on primary financial monitoring does not constitute a breach of professional secrecy. However, the Law releases attorneys-at-law and law firms from the obligation to inform the respective state authorities about any suspicions regarding financial transactions, if such information became known to them in circumstances that constitute attorney-atlaw secrecy and professional secrecy.

iii Other areas of interest

The procedural legislation of Ukraine provides for the possibility of collection of expenses for legal counsel, as well as other expenses related to the court hearing of the dispute, from the party that lost the dispute.

Ukrainian legislation foresees that in commercial disputes only expenses for the services of certified attorneys-at-law can be reimbursed by the losing party. In administrative and civil disputes the legislation ambiguously allows reimbursement of the services of attorneys-at-law, as well as of other professionals in the field of law. However, court practice in this respect proves that again expenses for the services of the attorney-at-law are reimbursed, while claims for reimbursement of the expenses for legal assistance, provided by other lawyers, are mostly declined.

V DOCUMENTS AND THE PROTECTION OF PRIVILEGE

i Privilege

Pursuant to the Law on the Bar and Legal Practice, all information disclosed by the client to the attorney shall be subject to professional privilege. This means that neither information nor any document related to client–attorney relations can be disclosed by the attorney to any third party without the prior written consent of the client.

It is important to point out that in accordance with the recently amended Law on the Bar and Legal Practice, foreign attorneys-at-law can practise in Ukraine and have rights and obligations similar to Ukrainian attorneys. A foreign attorney is granted rights set forth by the Law on the Bar and Legal Practice once he or she is registered as an attorney-at-law by the Ukrainian bar authority.

Professional privilege relates to persons and organisations covered by the Law on the Bar and Legal Practice only (i.e., in-house lawyers, employed under labour contracts are not bound by the privilege). As a result, in-house lawyers can testify in regards to the content of legal services provided to the employer, and state authorities can request any documents from such in-house lawyers within the scope of their obligations.

ii Production of documents

As a general rule, originals or duly certified copies must be provided by a party to the legal proceedings. If only a part of the document has relation to the dispute, only an extract of such document can be provided to the court.

The court is entitled to request any document evidencing the facts being discovered in the court from the other party to dispute, or from the third party. It is important to note that the court may use this right only if the requesting party proves that the necessary document cannot be obtained in other legal way.

Although Ukrainian legislation provides for the possibility of providing the court with electronic documents, this is not applicable in practice, since digital electronic signatures, which are an obligatory element of any electronic document, are not well regulated in Ukraine. However, there are a number of draft laws aimed at fixing gaps in the legislation and making electronic documents enforceable.

VI ALTERNATIVES TO LITIGATION

i Overview of alternatives to litigation

Ukraine remains a country where litigation is more commonly chosen over alternative dispute resolution methods. The low usage of alternative dispute resolution is, among other things, explained by the lack of support from local courts.

ii Arbitration

Ukrainian law clearly distinguishes the jurisdiction of local and international arbitration. 'Local' arbitration means the arbitration of disputes by tertiary or arbitration courts established under the Law on Tertiary Courts as of 2004. Local arbitration is applied comparatively seldomly, while international commercial arbitration gains in popularity. International commercial arbitration is governed by the Law on International Commercial Arbitration, which was almost fully adopted on the basis of the UNCITRAL Model Law, and the Code of Civil Procedure.

In Ukraine there are two arbitration institutions that consider international commercial disputes: International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine (ICAC at the UCCI) and the Maritime Arbitration Commission at the Chamber of Commerce and Industry of Ukraine.

Ukraine adopted all major international instruments in the field of international arbitration, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards dated 1958 ('the New York Convention') and European Convention on International Commercial Arbitration dated 1961. Sometimes other bilateral and multilateral treaties (e.g., Kiev Agreement on Settlement of Disputes Related to Commercial Activity dated 1993) shall be taken into account, in particular in cases involving the members of the Commonwealth of Independent States.

Enforcement of an international arbitral award in Ukraine is most often effected under the New York Convention.

iii Mediation

Mediation is rarely used, which is inter alia due to the absence of specific legislation regulating corresponding relations. When mediating a dispute the parties are free to decide on the procedure or rules deciding the dispute. Even if the parties came to a mutual agreement, they still have the possibility of addressing to the court and there is no legal instrument that would support such an agreement and enable the parties to use influence its fulfilment.

iv Other forms of alternative dispute resolution

Other forms of alternative dispute resolution are not used and not popular in Ukraine due to their ineffectiveness.

VII OUTLOOK & CONCLUSIONS

The reform of legislation in the sector of dispute resolution started in 2010 with the adoption of the Law on the Court System and Status of Judges and is continuing.

The most significant change to procedure legislation of Ukraine of 2012 was the adoption of the new Code of Criminal Procedure, which is considered the first stage of the reform in this sphere and as it is undertaken by the state officials it will be accompanied by the creation of a new criminal justice system.

The legal mechanism of governmental guarantees concerning debt recovery on the grounds of a court decision when the debtor is a public sector entity strengthen the principle of legal certainty. All these changes are generally considered to be positive.

The judicial system is due to be further developed in 2013.

Appendix 1

ABOUT THE AUTHORS

Sergiy Shklyar

Arzinger

Sergiy Shklyar specialises in competition law, dispute resolution, corporate restructuring and insolvency, public procurement, mergers and acquisitions and insurance.

Sergiy Shklyar is a certified official receiver.

Mr Shklyar is the co-founder of the 'Assistance to the Development of Competition' CIS non-profit partnership and President of the Association for Resistance to Unfair Competition. He is a member of the Public Council under the auspices of the Antimonopoly Committee of Ukraine.

Sergiy Shklyar has been appointed Head of the Unfair Competition Committee. He is also a member of the Financial Markets Committee of the Council.

Sergiy Shklyar is an expert of the EU TACIS programme in the 'Harmonisation of Competition and Public Procurement Systems in Ukraine with EU Standards' project.

Sergiy Shklyar was recommended by Chambers Global 2012, Chambers Europe 2012, Who's Who Legal: CIS 2011, The International Who's Who of Public Procurement Lawyers 2012, The Legal 500 – EMEA (2010, 2011, 2012) etc.

In July 2012 the paper 'Competition Law: Protection against Unfair Competition' co-authored by Sergiy Shklyar and the Head of the Legal Enforcement Laboratory of Science and Technology Development of the Institute of Intellectual Property of the National Academy of Legal Sciences of Ukraine Gennady Androshchuk was published.

Markian Malskyy

Markian Malskyy, attorney-at-law, Dr jur., specialises in providing legal support in investment projects (commercial, real estate and corporate law matters) as well as representing clients' interests before the judicial authorities of Ukraine and dispute settlement under the procedures of commercial and investment arbitration.

Since 2010 Mr Malskyy has been the head of alternative dispute resolution desk at Arzinger. He has extensive experience in corporate dispute settlement in the energy sector, contractual disputes, trade and real estate disputes, enforcement of foreign court judgments and arbitral awards, real estate and M&A transactions. He handled cases under the Arbitration Rules of ICSID, ICC, SCC, UNCITRAL, LCIA and ICAC. In total Markian Malskyy has been involved in the settlement of over 300 disputes.

In 2012 Markian Malskyy has obtained his doctoral degree (Dr jur.) with the thesis: 'Arbitration agreement as condition for dispute resolution in international commercial arbitration' at the Kyiv National Taras Shevchenko University.

He is a recommended arbitrator of a number of arbitral institutions, among which are the Vienna International Arbitral Centre, Dubai International Arbitration Center, Czech Arbitration Court, Arbitration Center of Mexico, etc.

Markian Malskyy is the author of two books on commercial dispute settlement and has published more than 70 legal articles.

*Sergiy Shklyar is the founding partner and Markian Malskyy is a partner at Arzinger.

Originally published by Law Business Research Ltd.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.