UKRAINE Law and Practice Contributed by: Olena Perepelynska, Krystyna Khripkova, Nadiya Mykiyevych and Anna Kozyrieva, IMPACTA LAW
However, arbitral proceedings may involve multiple claimants or respondents, as contemplated by the arbitration agreement and the applicable procedur - al rules, including through joinder or consolidation mechanisms, where available (eg, under the ICAC Rules – see 5.6 Jurisdiction Over Third Parties , 13.4 Consolidation ). As Ukrainian law does not provide for class action or group arbitration as separate procedural mecha - nisms, no specific rules govern the arbitrability of such claims. 13.2 Ethical Codes Ukrainian law does not contain a dedicated set of ethical rules or professional standards specifically designed for arbitration proceedings, particularly for counsel and arbitrators. Instead, issues of profession - al conduct are addressed through generally applicable professional obligations and the core procedural prin - ciples of arbitration. The professional behaviour of counsel is therefore governed by the general rules applicable to their respective professions. For Ukrainian attorneys, this includes compliance with the ethical and professional obligations applicable to members of the Ukrainian Bar and with the CCBE Code of Conduct for Members of European Bars. Likewise, no statutory code of conduct exists for arbitrators acting in proceedings seated in Ukraine. The exercise of the arbitral function is understood to require adherence to universally recognised principles of impartiality and independence (see 4.5 Arbitrator Requirements and 7.3 Powers and Duties of Arbitra- tors ). 13.3 Third-Party Funding Ukrainian law does not contain any provisions specifi - cally regulating third-party funding in dispute resolu - tion proceedings. Equally, there are no legal restric - tions preventing parties from entering such funding arrangements. Ukrainian legislation further remains silent on dis - closure issues relating to third-party funding. As a result, there is no statutory requirement for a party to
notify the arbitral tribunal, the opposing party, or the administering institution of the existence of a funding arrangement or to reveal the identity of the funder. Nevertheless, publicly accessible sources indicate that third-party funding has been used at least once in arbitration proceedings in which Ukraine was a respondent State ( Igor Boyko v Ukraine ). 13.4 Consolidation Ukrainian legislation does not expressly address the consolidation of separate arbitral proceedings and does not confer upon Ukrainian courts the power to order such consolidation. The possibility of consolidation largely depends on the parties’ agreement and the applicable arbitration rules. In terms of the ICAC, while its current Rules do not expressly regulate consolidation, they appear to contemplate the possibility of consolidated proceed - ings by referring to the calculation of arbitration fees where several cases are consolidated into a single proceeding. In practice, the President of the ICAC decides on consolidation upon a party’s request. 13.5 Binding of Third Parties As a matter of principle, an arbitration agreement is binding only on the parties that have consented to it. Likewise, the effects of an arbitral award are gener - ally limited to the parties to the arbitration and do not ordinarily extend to non-signatories. A third party may nevertheless become bound by an arbitration agreement ( 5.6 Jurisdiction Over Third Parties ) and, where applicable, by the resulting arbi - tral award where it acquires the relevant rights or obligations through, for instance, assignment, trans - fer of obligations or another form of legal succession recognised under substantive law. For instance, the recent Judgment of the Supreme Court in case No 922/2041/22 dated 5 September 2024 confirms that an arbitration agreement may bind a person that sub - sequently becomes a party to the underlying contrac - tual relationship by acquiring the relevant rights and obligations under Ukrainian law. At the same time, in its Judgment of 1 November 2023 in case No 910/3208/22, the Grand Chamber of the
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