UKRAINE Law and Practice Contributed by: Olena Perepelynska, Krystyna Khripkova, Nadiya Mykiyevych and Anna Kozyrieva, IMPACTA LAW
A request for joinder of a third party or a request for involvement of a third party in the arbitral proceedings shall be submitted before the time limits for submis- sion of the Statement of Defence expire. If there are valid reasons, this period may be further extended. The arbitral tribunal may also, at its discretion, request that a third party produce evidence that it considers appropriate. The ICAC Rules also contain guidance on procedural legal successors, which include termina - tion of the legal entity’s activities, change of a creditor or debtor under the obligation, death of an individual or the declaration of a natural person as deceased or missing and other cases of replacement of the party. Unless the parties have agreed otherwise, the arbi - tral tribunal may, at the request of any party, order any party to take such interim measures in respect of the subject matter of the dispute as the tribunal considers necessary. Such measures would be bind - ing on the parties in arbitration. The arbitral tribunal may require a party in favour of which interim relief has been granted to provide security for reimbursement of possible damages (the cross-undertaking in dam - ages). Ukrainian law does not provide a procedure for enforcing interim measures ordered by a tribunal seated in Ukraine (see 2.1 Governing Law ). 6.2 Role of Courts 6. Preliminary and Interim Relief 6.1 Types of Relief Ukrainian courts may grant interim relief in support of arbitration after commencement of arbitral pro - ceedings. Such assistance is available regardless of whether the arbitration is seated in Ukraine or abroad. The courts may apply one or multiple interim meas - ures simultaneously and order: • attachment of assets and/or monetary funds belonging to or payable to the respondent, includ - ing assets held by third parties; • prohibition from performing specific actions; • prohibition on third parties from transferring assets, making payments to the respondent, or performing obligations towards the respondent;
• suspension of the sale of attached property where ownership or release from attachment is being challenged; • suspension of enforcement of an execution docu - ment that is being challenged in court; • suspension of customs clearance; • arrest of a vessel to secure a maritime claim; and • other measures provided by law or international treaties binding on Ukraine. Ukrainian legislation does not provide for an emergen - cy arbitrator mechanism. However, a similar mecha - nism exists under the rules of the two main arbitral institutions. Before the arbitral tribunal is constituted, the ICAC/MAC President may, on the written request of either party and if deemed justified, determine the amount and form of security for the claim. 6.3 Security for Costs Ukrainian law does not provide that national courts may order security for costs. The powers of the tribunal in respect of interim relief are defined in broad terms. Under Article 17 (2) of the ICA Law, the tribunal may order the parties to deposit a predetermined amount of arbitration costs into its deposit account, relating to the conduct of the pro - ceedings or a specific procedural step and the law qualifies this as “security for arbitration costs”. If a party applies for security for costs, the tribunal may treat the request as one for interim measures and con - sider it under the relevant procedural rules. The ICA Law upholds the principle of party autonomy; subject to its mandatory provisions, the parties are free to agree on the procedure to be followed by the arbitral tribunal. In the absence of such agreement, the arbitral tribunal may conduct the proceedings in a manner it considers appropriate. In case of institu - tional arbitration, the respective rules will apply. 7.2 Procedural Steps The ICA Law imposes only limited mandatory proce - dural requirements. The claimant must submit a state - 7. Procedure 7.1 Governing Rules
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