III INTERNATIONAL ARBITRATION READINGS IN MEMORY OF ACADEMICIAN IGOR POBIRCHENKO

Transcription

1 III INTERNATIONAL ARBITRATION READINGS IN MEMORY OF ACADEMICIAN IGOR POBIRCHENKO APPLICABLE LAW IN INTERNATIONAL COMMERCIAL ARBITRATION. THE PRACTICE OF APPLICATION OF THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS November 13 th, 2015 Kyiv, Ukraine P RELIMINARY PROG RAM Registration, morning coffee OPENING OF THE III INTERNATIONAL ARBITRATION READINGS IN MEMORY OF ACADEMICIAN IGOR POBIRCHENKO Mykola SELIVON President of the ICAC and MAC at the Ukrainian CCI WELCOMING ADDRESS: Oleksii FILATOV Deputy Head of the Presidential Administration of Ukraine and Chairman of the Council on Judicial Reform under the President of Ukraine, Secretary of the Constitutional Commission (to be confirmed) Bohdan LVOV President of the Supreme Economic Court of Ukraine Cyril EMERY (USA) Representative of UNCITRAL Gennadiy CHYZHYKOV President of the Ukrainian Chamber of Commerce and Industry The signing of the Agreement of Cooperation between the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry and the Vienna International Arbitral Centre of the Austrian Federal Economic Chamber Manfred HEIDER (Austria) Secretary General of the Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) Mykola SELIVON President of the ICAC at the Ukrainian CCI SPECIAL REPORT Bohdan LVOV President of the Supreme Economic Court of Ukraine, member of the Constitutional Commission, member of the Council on Judicial Reform under the President of Ukraine, Merited Lawyer of Ukraine Discussion Improvement of national legislation in the field of international commercial arbitration and arbitration of disputes in the course of judicial and constitutional reform in Ukraine

2 SESSION I THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. PECULIARITIES OF APPLICATION MODERATOR: Mykola SELIVON President of the ICAC and MAC at the Ukrainian CCI, Academician of the Ukrainian National Academy of Law Sciences, Candidate of Law, Professor, Merited Lawyer of Ukraine Cyril EMERY (USA) Representative of UNCITRAL Status and prospects for the CISG after 35 years Alexander ĆIRIĆ (Serbia) - Doctor of Law, Professor of the University in Nis (Serbia), Vice President of the Foreign Trade Court of Arbitration attached to the Chamber of Economy of Serbia, arbitrator of the ICAC at the Ukrainian CCI The Vienna Convention: international character, interpretation and principle of good faith Hennadii KRAVCHUK Candidate of Law, Vice President of the Supreme Economic Court of Ukraine, Merited Lawyer of Ukraine Scope of application of the Vienna Convention. Exclusion of application of the Vienna Convention: practice in application Natalia KUZNETSOVA - Merited Scientist and Technologist of Ukraine, Academician, Academician-Secretary of the Department of Civil Law of the Ukrainian National Academy of Law Sciences, Professor, Doctor of Law, Professor of the Chair of Civil Law of the Faculty of Law of the National Taras Shevchenko University of Kyiv, arbitrator of the ICAC at the Ukrainian CCI The Vienna Convention and development of the civil legislation of Ukraine Yuliia TYSHCHENKO Candidate of Law, Associate Professor of the National Academy of Internal Affairs Delivery contract as a subject of regulation of the Vienna Convention Alexandre KHRAPOUTSKI (Belarus) Partner, «Sysouev, Bondar, Khrapoutski» Law Firm The obstacles to the execution of the contract in accordance with the Vienna Convention Oleksii KOT Partner, «Antika», Law Firm, Candidate of Law A comparative analysis of the norms of the Vienna Convention and the national Ukrainian legislation Dmytro LESHCHENKO Attorney at Law, «VERUM» Law Firm, Candidate of Law COFFEE BREAK Certain peculiarities of application of the Vienna Convention for the purpose of legal protection of the interests of the buyer

3 Manfred HEIDER (Austria) Secretary General of the Vienna International Arbitral Centre of the Austrian Federal Economic Chamber, Dr. Jur. Selected VIAC Case Law on the CISG Tetiana DROBOTOVA Judge of the Supreme Economic Court of Ukraine, Candidate of Law Specifics of determination of damages under the Vienna Convention. The practice of economic courts of Ukraine Yuliia CHERNYKH Of Counsel, «ARBITRADE» Attorneys at Law, arbitrator of the ICAC at the Ukrainian CCI Application of the CIGS and national law in determination of damages Olena PEREPELYNSKA Partner and Head of CIS Arbitration Practice of «Intergrites» Specifics of determination of damages under the Vienna Convention, in particular, in case of termination of the contract Alexey ANISCHENKO (Belarus) Senior lecturer of the Belarusian State University; Attorney at law, Partner, «SORAINEN» Law Firm The right to interest under the contracts for the international sale of goods: judicial and arbitration practice in Belarus Sergii OMELCHENKO Managing Partner, «Kairos» Law Firm DISCUSSION LUNCH SESSION II Exemption from liability under the Vienna Convention and national legislation DETERMINATION OF PROCEDURAL AND SUBSTANTIVE LAW IN INTERNATIONAL COMMERCIAL ARBITRATION MODERATOR: Liudmyla VYNOKUROVA Candidate of Law, Associate Professor, Associate Professor of the Chair of Economic Law of the National Taras Shevchenko University of Kyiv, Vice President of the ICAC at the Ukrainian CCI, member of the Presidium of the ICAC at the Ukrainian CCI Oleksandr GAIDULIN Candidate of Law, Cand. Sc. (Philosophy), Associate Professor of the Chair of International and European Law of the Faculty of Law of the Kyiv National Economic University named after Vadym Hetman Interpretation of the applicable law in the spirit of arbitration: cross cultural analysis Alexander TRUNK (Germany) Dr. Jur, Professor of the Institute of East European Law of the University at Kiel The law applicable to arbitration agreements Annette MAGNUSSON (Sweden) Secretary General of the Stockholm Chamber of Commerce Arbitration Institute, Magister of Law Arbitration of Sweden: the rules and procedures applicable to jurisdictional objections

4 Włodzimierz BRYCH (Poland) President of the Court of Arbitration at Nowy Tomyśl Chamber of Commerce, arbitrator of the ICAC at the Ukrainian CCI Determination of the place of arbitration proceedings and the application of procedural law of arbitration in Polish law Yaroslav PETROV Counsel, «Asters», Law Firm, Master of Law The law applicable to determination of legal capacity of the parties to the arbitral proceedings and powers of attorney Kostiantyn PILKOV Partner, «Cai & Lenard» Law Firm The law applicable to matters of evidence Markiian MALSKYI Candidate of Law, Partner, «Arzinger» Peculiarities of application of ex aequo et bono or amiable compositeur Herman GALUSHCHENKO Candidate of Law, Associate Professor of the Chair of International Private Law of the Institute of International Relations of Taras Shevchenko National University of Kyiv Establishing the content of foreign law by arbitration Bohdan KRYVOLAPOV Candidate of Law, Associate Professor of the Chair of International Private Law of the Institute of International Relations of Taras Shevchenko National University of Kyiv Problem of application of the foreign monetary law in modern arbitration practice Ihor SEMENOV Senior Associate «Astapov Lawyers» Law Firm Application of the substantive law of several countries and the concept of dépeçage Tina de Vries (Germany) Senior Research Fellow of the Institute for East European law Munich, attorney and mediator The application of the Convention on the Limitation Period in the International Sale of Goods (New York, 1974) Andrii SMITIUKH Candidate of Law, Associate Professor of Odessa I.Mechnikov National University DISCUSSION COFFEE BREAK SESSION III On the practice of application of the UNIDROIT Principles of International Commercial Contracts by the Ukrainian courts MANDATORY RULES IN INTERNATIONAL COMMERCIAL ARBITRATION MODERATOR: Oleh PODTSERKOVNYI Doctor of Law, Professor, Head of the Chair of Economic Law and Procedure of the National University «Odessa Law Academy», Corresponding Member of the Ukrainian National Academy of Law Sciences, arbitrator of the ICAC at the Ukrainian CCI

5 Volodymyr KROKHMAL arbitrator of the ICAC at the Ukrainian CCI Ultra-mandatory rules in the practice of international arbitration Oleh PODTSERKOVNYI Doctor of Law, Professor, Head of the Chair of Economic Law and Procedure of the National University «Odessa Law Academy», Corresponding Member of the Ukrainian National Academy of Law Sciences, arbitrator of the ICAC at the Ukrainian CCI Non-mandatory and mandatory rules in commercial legal relationship in the context of application of the Vienna Convention Iryna VENEDYKTOVA Doctor of Law, Professor of the V.N.Karazin Kharkiv National University State immunity in international commercial arbitration Ema VIDAK-GOJKOVIC (Austria) Associate, «Baker&McKenzie LLP», Mag. iur. Mandatory rules and the public order: comparison of common law (New York) and civil law (Croatia) system Danylo VOLKOVETSKYI Associate, «Avellum Partners» Law Firm Mandatory rules and applicable law to the arbitrability of disputes Dmytro SHEMELIN Lawyer, «Ilyashev & Partners» Law Firm DISCUSSION CLOSING REMARK COCKTAIL RECEIPTION The practice of application of mandatory rules of EU law by international arbitrations within the concept of public order