UKRAINE Law and Practice Contributed by: Olena Perepelynska, Krystyna Khripkova, Nadiya Mykiyevych and Anna Kozyrieva, IMPACTA LAW
Separately, Article 116 (7) of the CPCU permits the preservation of evidence by way of an interim relief. The preservation of evidence is available irrespec - tive of whether the seat of arbitration is in Ukraine or abroad, provided that the dispute has already been formally initiated. The measures available for preserv - ing evidence are set out in Article 116 (2) of the CPCU and include examining witnesses, appointing expert examinations, ordering the production of evidence, inspecting evidence (including at its location), prohib - iting certain actions in respect of evidence or requir - ing specific actions to be taken to preserve evidence. Under Article 116 (8) of the CPCU, the appropriate relief may be sought from the court of appeal having territorial jurisdiction over the location of the debtor, the evidence in respect of which preservation meas - ures are sought, the debtor’s assets, or the place of arbitration proceedings. Under Article 94 of the CPCU, at the request of an arbitral tribunal, or upon the application of a party to the arbitration with the consent of the tribunal, the competent court at the place of residence or stay of the witness may examine, including re-examine, the witness concerning facts known to the witness that are relevant to the dispute pending before the tribunal, on the basis of the list of questions specified by the tribunal. The parties to the arbitral proceedings may participate in the examination of the witness and may put questions to the witness to clarify their testimony. Ukrainian law, however, does not provide a mecha - nism for courts to compel witnesses to attend hear - ings before an arbitral tribunal. The mechanisms described above are not limited to evidence held by the parties to arbitration. According - ly, where the statutory requirements are met, a com - petent court may order both parties and third parties to produce evidence.
However, there are no express provisions regarding confidentiality in the ICA Law. Where proceedings are conducted under the ICAC or MAC Rules, confidentiality is expressly protected. Unless the parties agree otherwise, the proceedings, submissions, evidence and other case-related mate - rials are confidential and the parties and tribunal are required to preserve that confidentiality. Information from arbitral proceedings may become disclosed in subsequent court proceedings, for exam - ple in setting-aside, recognition, enforcement, or other arbitration-related applications, to the extent neces - sary for the court’s consideration of the case. How - ever, such disclosure is generally limited to what is required for those proceedings and the submissions of the parties to national courts in Ukraine are not made public. Ukraine has a public registry of court judgments, meaning that any information regarding an arbitration or arbitral award expressly mentioned in a court judg - ment becomes public. An arbitral award must be in writing, state the reasons on which it is based, be signed by the arbitrator(s) (signatures of a majority are sufficient if the reason for any missing signature is explained) and indicate the date and place of arbitration. It must also contain the tribunal’s decision on the claims and address the allocation of arbitration costs and fees. Ukrainian law does not prescribe a statutory time limit for rendering an award. However, under the Rules of the ICAC and MAC, an award should generally be issued within 30 days of the last date of the hearing and within six months of the formation of the arbi- tral tribunal, both of which are subject to extension in 10. The Award 10.1 Legal Requirements
9. Confidentiality 9.1 Extent of Confidentiality
exceptional circumstances. 10.2 Types of Remedies
Arbitral proceedings in Ukraine are generally confi - dential and arbitral awards are typically not published.
As a general rule, Ukrainian law does not impose spe - cific limitations on the types of remedies that an arbi -
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