The International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry is one of the key arbitral institutions for resolving international business disputes.
The ICAC considers disputes arising from international commercial activities. These may include disputes concerning international sales and supply of goods, performance of works, provision of services, transportation, lease, leasing, insurance, investment and other international economic relations.
Referral to the ICAC may be appropriate where the parties value confidentiality, the ability to choose arbitrators, the language of the proceedings and the applicable law, as well as a more flexible procedure compared with proceedings before state courts.
An important condition for arbitration is the existence of a valid arbitration agreement. It may be incorporated into a contract as an arbitration clause or concluded separately by the parties.
Since 21 May 2026, Ukrainian legislation has broadened the criteria for determining the international character of disputes that may be referred to international commercial arbitration. The international element is therefore no longer limited solely to situations where at least one party has its place of business abroad. Other circumstances provided by law may also be relevant, including a connection of the subject matter with more than one country, the place of arbitration, the place where a substantial part of the contractual obligations is to be performed, or the country with which the dispute is most closely connected.
Before filing a claim, however, it is necessary to determine whether the arbitration agreement covers the particular dispute and whether that dispute may legally be referred to the ICAC.
Advantages of proceedings before the ICAC
One of the main advantages of international commercial arbitration is procedural flexibility and the parties’ ability to influence certain aspects of the dispute resolution process.
The parties may appoint an arbitrator or participate in the formation of the arbitral tribunal, taking into account the professional experience and specialisation of the arbitrators. This may be particularly important in disputes requiring a detailed understanding of a particular area of international business.
The parties may also determine the language of the arbitration and the substantive law governing their contractual relationship.
The ICAC Rules provide for flexible procedural mechanisms, including hearings by videoconference, determination of a dispute on the basis of written materials and expedited proceedings in circumstances provided for by the Rules.
As a general rule, the proceedings should not exceed six months from the date on which the arbitral tribunal is constituted, although this period may be extended where necessary.
Confidentiality is another significant advantage. Unless the parties agree otherwise, the arbitration proceedings and related information are not public.
For international businesses, this may be important because contractual terms, commercial information, documents and details of the dispute do not have to be disclosed in open court proceedings.
Disadvantages and risks of proceedings before the ICAC
The confidentiality of arbitration also has a practical downside.
Unlike proceedings before state courts, the parties do not have access to a similarly extensive public database of arbitral awards. This can make it more difficult to examine a potential counterparty’s history of arbitration disputes or predict the outcome of a particular dispute solely by reference to previous decisions.
For this reason, before entering into an international contract, it is important to examine not only the counterparty’s litigation history but also its financial condition, ownership structure, assets and the jurisdictions in which future enforcement may have to take place.
Another important feature is the finality of an arbitral award.
An ICAC award is not reviewed on the merits through the ordinary appeal or cassation procedure applicable to judgments of state courts. The law provides for a special procedure under which an application may be made to set aside an arbitral award, but the grounds for doing so are limited.
The parties should therefore pay particular attention to the legal position, evidence and conduct of the proceedings, as the possibilities for having the merits of the dispute reconsidered after the award has been issued are significantly restricted.
Interim measures during ICAC proceedings
Interim relief may be particularly important where there is a risk that the respondent will transfer funds or dispose of assets before the arbitration is completed.
The ICAC Rules provide for interim measures within the arbitration proceedings themselves. Before the arbitral tribunal is constituted, the relevant issue may be determined by the President of the ICAC, while after constitution it may be determined by the arbitral tribunal.
At the same time, referral of a dispute to the ICAC does not prevent a party from seeking interim relief from a state court.
This may be particularly relevant where it is necessary to freeze bank accounts, real estate or other assets of the respondent in Ukraine and to obtain a measure capable of being enforced through state mechanisms.
Where a dispute has been referred to international commercial arbitration, the Civil Procedure Code of Ukraine allows a party to apply for interim measures to the court of appeal at the location of the arbitration, the respondent or the respondent’s property, at the applicant’s choice.
Depending on the circumstances, interim measures may therefore be sought either within the arbitration itself or with the assistance of a competent state court.
Enforcement of an ICAC award
Obtaining a favourable ICAC award does not always result in the automatic recovery of the amount awarded.
If the losing party complies with the award voluntarily, no separate compulsory enforcement procedure is required. If the award is not complied with voluntarily, enforcement must be pursued in the country where the respondent or its assets are located.
Where an ICAC award with its seat in Ukraine is to be enforced in Ukraine, permission for compulsory enforcement is obtained in accordance with Ukrainian procedural law.
Where the debtor or its assets are located abroad, the arbitral award must be recognised and enforced in accordance with the law of the relevant country.
The principal international instrument in this area is the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which applies in a large number of jurisdictions.
For this reason, when entering into an international contract, the parties should consider not only where a potential dispute will be resolved but also where the counterparty’s principal assets are located and where an eventual arbitral award may actually have to be enforced.
Proceedings before the ICAC do not necessarily mean that a party will have to participate in several separate court proceedings. State court involvement arises only where it is required — for example, to obtain interim measures, to seek the setting aside of an arbitral award or to obtain compulsory enforcement.
If interim relief is unnecessary and the losing party voluntarily complies with the ICAC award, no additional court proceedings may be required at all.
Conclusion
The ICAC at the Ukrainian Chamber of Commerce and Industry is an important mechanism for resolving international commercial disputes. Arbitration allows the parties to choose arbitrators, the language of the proceedings and the applicable law, provides confidentiality and offers a more flexible procedure than traditional state court litigation.
At the same time, before commencing ICAC proceedings, it is important to review the arbitration agreement, confirm the ICAC’s jurisdiction and assess the prospects for subsequent enforcement. Where protection of the claim requires assets to be frozen, interim measures should also be considered at an early stage of the dispute.
If you have a commercial dispute that is subject to consideration by the ICAC at the Ukrainian CCI, Grandliga can provide legal support and represent your interests throughout the international commercial arbitration proceedings.
