The Ukrainian Journal of Business Law

[https://lhs.net.ua/en/] Counse link ABSOLUTE LAW AGENCY 2 Katerinoslavskiy Boulevard, TBC BOSFOR, Office 610,, Dnepr , 49044 , Ukraine 32/2, Moskovskaya Street, BC ЂSENATORї, 4th floor Kiev, 01010, Ukraine Phone: +380 44 569 1211 Fax: +380 56 732 3863 absolute@absolute.com.ua www.absolute.com.ua ANTIKA Law Firm 12, Khreshchatyk street, 2-nd floor, Kyiv , 01001 , Ukraine Phone: +38 (044) 390 09 20 Fax: +38 (044) 390 09 21 office@antikalaw.com.ua www.antikalaw.com.ua/en Arzinger Senator Business Center, 32/2 Moskovska street, 10th floor, Kyiv , 01010 , Ukraine Phone: +38 (044) 390 55 33 Fax: +38 (044) 390 55 40 mail@arzinger.ua www.arzinger.ua Asters Leonardo Business Center, 14th floor, 19-21 Bohdana Khmelnytskoho St., Kyiv , 01030 , Ukraine Phone: +380 44 230 6000 Fax: +380 44 230 6001 info@asterslaw.com www.asterslaw.com DLF attorneys-at-law Torus Business Centre, 17d Hlybochytska Street, Kyiv , 04050 , Ukraine Phone: +380 44 384 24 54 Fax: +380 44 384 24 55 info@dlf.ua www.dlf.ua GOLAW 19B Instytutska Street, Office 29, Kyiv , 01021 , Ukraine Phone: +38 (044) 581 12 20 Phone: +38 (044) 581 12 21 Fax: +38 (044) 581 12 22 info@golaw.ua www.golaw.ua Ilyashev & Partners 11 Kudryavska Str, Kyiv , 04053 , Ukraine Phone: +38 (044) 494 19 19 Fax: +38 (044) 494 19 99 office@attorneys.ua www.attorneys.ua Inyurpolis law firm (ILF) 14-A †Skrypnyka Street, Kharkov , 61057 , Ukraine Phone: +38†(057)†728 00 00 Fax: +38†(057)†714 06 28 office@ilf-ua.com www.ilf-ua.com Konnov & Sozanovsky 23 Shota Rustaveli Street, Suite 3, Kiev , 01019 , Ukraine Phone: +380 (0) 44 490-5400 Fax: +380 (0) 44 490-5490 info@konnov.com www.konnov.com LCF Law Group 47 Volodymyrska street, Office 3, Kyiv , 01034 , Ukraine Phone: +38 (044) 455 88 87 Fax: +38 (044) 502 55 23 info@lcfgroup.com.ua www.lcfgroup.com.ua/en/ Sayenko Kharenko 10 Muzeyny Provulok, 7th floor, Kyiv , 01001 , Ukraine Phone: +380 44 499 6000 Fax: +380 44 499 6250 info@sk.ua www.sk.ua CURRENT ISSUE ( October 2018 ) In focus – International Arbitration The relationships between corporations, investors and states inevitably become more sophisticated. Disputes may arise along every step of their interaction, and access to efficient justice empowers counterparties to pursue their business interests. Expert Opinion New Opportunities for Support of Arbitration in Ukraine Oleksii†Maslov The reform of Ukrainian rules of civil, commercial and administrative procedure became a hot topic for Ukrainian businesses and legal professionals before the new codes of procedure came into force in December†2017. There were even more discussions as lawyers started to apply new rules into practice before Ukrainian courts. Among other novelties, the codes set new procedures to be followed in arbitration related cases. This article will concentrate on new opportunities brought by the provisions of codes on interim and conservatory measures in support of arbitration and their practical use. In Re Introducing the Young Contender Ч The Prague Rules Artem Doudko, Olena Golovtchouk The importance of international arbitration in resolving international commercial disputes is evidenced by its wide use and popularity. The cornerstone of success for international commercial arbitration is the consensual nature of such proceedings. When it comes to the conduct of arbitration proceedings, the procedure can be customised to fit the intricacies of every single case. At least that is the theory. In reality, in many of the cases, the procedure has become standardised to the extent that there is very little variation even if both parties are represented by skilled arbitration practitioners and the arbitral tribunal is robust and experienced. Increasing Role of Soft Law in International Arbitration Oleh Beketov , Aleksandr Lugovskyi , Mykola Antoniuk Over the last decade soft law has gained widespread recognition and importance in international arbitration. We can witness that application of soft law instruments in arbitration becomes more and more common. Does this tell us that soft law is gradually becoming СharderТ? We will try to find out in this article. News Deals Kinstellar advised IFU on a loan to Kness Group CMS advised on high-profile TIP Trailer Services sale Baker McKenzie assisted Bayerische Landesbank and DTEK Renewables Asters advised EBRD Sayenko Kharenko Ч legal counsel to the European Fund for Southeast Europe † Cases US court dismissed the claim regarding removal of the phrase "In God We Trust" from dollar banknotes Plaintiff successfully manages to recover penalty for untimely transfer of an apartment in a new building Vnesheconombank initiates an international investment dispute with Ukraine Ministry of Finance announced details of judgment on “Yanukovych’s debt” Gazprom succeeded in lifting asset seizure by judgment of a court in England Draft Recording of notarial acts execution Guarantees for credit union depositors Parliament supported second package of laws within framework of #MaskShowStop initiative † Law digest Customs procedures for business simplified Currency exchange regulations amended Parliament voted to abolish moratorium on round timber export † Lawyers News Axon Partners and Oksana Kobzar Law Office announced merger † Biznews AMCU Acquisition of SUN InBev Ukraine PJSC assets made AMCU impose fine on the company Competition EU suspects Amazon of unfair competition Technologies China courts to accept for consideration data in blockchain GitLab start-up raised USD 100 million Amazon to open 3,000 stores without cashiers and shop assistants M&A German department store chains Kaufhof and Karstadt to merge EU clears AppleТs purchase of Shazam Trade Policy USA appealed to WTO because of Russian duties on American goods Banking & Finance NBU opened access to the register of borrowers for banks Waste Management Kyiv begins acceptance of applications to build waste recycling plant † Chamber News УWhat is WashingtonТs View on Ukraine Approaching a Year of Elections?Ф Ukraine is approaching an election year in 2019, with presidential elections set to be held on 31 March followed by parliamentary elections later in the year. Chamber Members had an opportunity to hear from former US Ambassador to Ukraine, John Herbst , Director, Eurasia Center, Atlantic Council and Melinda Haring , Editor, UkraineAlert, Atlantic Council as to what Washington’s view is on Ukraine approaching a year of elections. Cover Story Intellectual Challenge In recent Ukrainian history both investment and commercial arbitration cases have had a tangible impact on the countryТs business environment. Big business prefers to resolve disputes in trustworthy international arbitral centers that provide effective access to justice. Olexander Martinenko , senior partner of CMS Cameron McKenna Nabarro Olswang , shared his vision on the recent achievements in pursuing international arbitration as part of judicial reform, role of expert witnesses, notion of arbitration friendly jurisdictions, and how Ukrainian arbitration practitioners face intellectually challenging cases. What are the most challenging issues facing arbitral institutions around the globe? Do you observe them in Ukraine? Case Law Ukrainian Courts Imposing Interim Relief in Aid of International Arbitration, a Case Study Sergii Zheka As is well known, the new reading of the Civil Procedure Code of Ukraine (the "Code") came into effect in December 2017. This (together with simultaneous enactment of new versions of other procedural codes of Ukraine) was one of the most notable legal developments of 2017 in Ukraine. Hot Issue The Principal Purpose Test in Ukraine: What does it Mean for Tax Planning? Khrystyna Franchuk, Vitalii Trachuk The era of "old-school" tax planning and structuring in Ukraine is set to come to a natural end with the introduction of the principal purpose test (PPT). Crux Legal Digest The start of the new business season launched a number of important initiatives throughout different sectors, including renewable energy, customs and trade facilitation, public funding, information security and data protection. The long-expected Draft Law On Advocacy and Legal Practices provoked discussion in the professional community. We have prepared a new selection of novelties and comment about them. Subscribe Subscribe to The Ukrainian Journal of Business Law right now and enjoy the most relevant issues on doing business in Ukraine on your device or in print. All this for just USD 9.99 a month. 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