The Ukrainian Journal of Business Law

[https://pravo.ua/event/la2019/] 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 ( September 2019 ) In focus – Alternative dispute resolution Alternative dispute resolution is a standalone legal practice that provides businesses with more and more opportunities for settlement outside the traditional judiciary. Expert Opinion Forum Non Conveniens in Ukrainian Litigations: УЕ and Justice for allФ? Taras Dumych, Sergii Zheka, Iryna Fedorovych Forum non conveniens (hereinafter Ч УFNC Ф ) is a common law doctrine that allows parties to dismiss a civil action in a court that is a natural venue for the dispute and choose a more appropriate alternative forum, including an alternative forum in another country. In Re Amicable Settlement of Investor-State Disputes Yuna Potomkina, Mykhailo Soldatenko Investment arbitration is usually considered an effective and major way of resolving investor-state disputes. At the same time, despite its many benefits as any adversarial process it entails certain disadvantages for both investors and States. In light of this, in recent years the tendency to promote amicable settlement in ISDS by means of ADR tools has loomed large. International Arbitration as an Indispensable Mechanism for Transforming the Ukrainian Energy Sector Timur Bondaryev, Oksana Karel, Iurii Rybak International arbitration has been widely used as a mechanism for resolving commercial disputes in Ukraine. In particular, one of the most notable spheres where Ukraine business made use of arbitration is the energy sector, where one can observe an upsurge of commercial disputes lodged in recent years.† Obliquely, the driving force for the manifold use of arbitration in the Ukrainian energy sector was a substantial reformation of energy legislative framework that the Ukrainian Government conducted more recently.† Legal Regulation of the Institute of Mediation in Ukraine Rostyslav Nykitenko According to official EU statistics, around 80% of disputes submitted for mediation in Europe are resolved without a trial. The effectiveness of mediation is the ability to maintain a loyal relationship between parties after a conflict resolution and, at the same time, achieve a positive outcome for each side. Mediators and Lawyers Ч Compete or Cooperate? Olena Bilozor It is difficult to find a Ukrainian lawyer who has not yet heard of mediation, namely negotiations where the parties to a dispute attempt to reach an amicable settlement of their dispute with the assistance of a neutral mediator. In the meantime, still few tried it. Ukrainian legal professionals tend to treat mediation as a service that competes against litigation. Nevertheless, in foreign jurisdictions where the mediation has found its place as a dispute resolution alternative, law firms and mediation agencies are the best partners. News Deals Asters advised Dobrobut Group CMS advised EuroCape AEQUO and AVELLUM participated in sale of Smart Plaza Obolon Dentons advised BCP Securities on its launch in Ukraine † Cases Ukrtelecom lost case to state-owned Oschadbank Court refused to†lift arrest of assets of Ihor Kolomoisky McDonaldТs lost right to TM УMcФ for some products Court postponed transfer of AVK factory to Ukrainian subsidiary of Russian bank Shell filling stations to be fined UAH 79 million due to anti-competitive practices † Draft Fiscal Service proposes to fine legal entities for violating currency legislation Ministry of Health proposes to prohibit animal testing of cosmetic products Ministry of Regional Development proposes new requirement for rebuilding of Khrushchev era buildings † Law digest Ukraine signed Singapore Convention NBU lifts restrictions on purchase of foreign currency on credit Law on organic products now in force in Ukraine New rules for labeling food products introduced † Biznews Banking & Finance State-run Deposit Guarantee Fund puts up loans pool of 17 banks for sale again Business Protection Number of business appeals to actions by law-enforcement agencies falls Energy WOG withdraws from Ukrainian wholesale oil products market Regulator reduces Ukrenergo service tariff by half Investment Management of Olvia and Kherson seaports to be transferred to private companies Telecommunications 4G to cover all Kyiv Subway System by 2020 Regulatory Business people being notified of changes within their companies to fight raiders State Employment Service to start business inspections again † † Cover Story Deliberate Choice The period of clean-up of the Ukrainian banking sector in 2014-2015 became a serious crash test for the entire Ukrainian banking system. It revealed not only serious regulatory violations, the weak quality of loan portfolios, poor risk-monitoring procedures, political interference, but also the lack of rule of law. Argument Right to Fair Trial under ECHR Ч Applicability to ICA Julia Demianchuk When you turn to international commercial arbitration, itТs all about the fairness of procedure and impartial judges you want to come up with. These and other reasons are those leading ones that result in companies making a choice between national courts as a place for dispute resolution, on the one hand, and international arbitration as a gaining momentum method of alternative dispute resolution, in favor of the latter. Crux Legal Digest Despite the overall quietness in law-making activities before the start of the new political season, there are still some attention-worthy legislative highlights of the previous month related to the corporate, agricultural and energy sectors. These include amendments to the Auction Law , Law On Basic Principles and Requirements for Organic Production, Circulation and Labeling of Organic Products and a disputed resolutions of the Cabinet of Ministers of Ukraine. The UJBL editorial team asked our experts to provide comments on the issues mentioned. † 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. Sign In E-mail Password Remember Me Reset password Subscribe/Register HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS ANALYTICS SPONSORSHIP & ADVERTISING GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS ADVERTISE GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT BANNER EXCHANGE Copyright © 2003-2017 by Yuridicheskaya Practika Publishing. All rights reserved.