Setting aside an ICAC award in Ukraine: what businesses need to know

Challenging an ICAC decision in Ukraine: legal grounds and expert guidance.

The International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC at the UCCI) is a reputable arbitral institution whose awards are recognized globally. However, under certain conditions, even such awards can be set aside. This article explains when and how such proceedings are possible, what the process involves, and how a lawyer can support clients in these complex cases.

When can an ICAC award be challenged in Ukraine?

Ukrainian law allows a party to apply to the appellate court for the setting aside of an ICAC award, but only on specific grounds. Importantly, this is not a review of the merits — the court does not reconsider the arbitrators’ decision but verifies whether any fundamental procedural norms were breached.

The grounds for setting aside are defined in:

The Law of Ukraine “On International Commercial Arbitration”;

The Civil Procedure Code of Ukraine;

The 1958 New York Convention.

These include, among others:

violations of arbitral procedure;

lack of proper notice to a party;

award on matters beyond the scope of the arbitration agreement;

lack of legal capacity of a party;

breach of Ukrainian public policy.

Key stages of the set-aside procedure.

Setting aside an ICAC award is a complex legal process requiring deep expertise.

1. Case assessment

A lawyer evaluates:

the arbitral award;

the arbitration agreement;

all procedural documents;

any possible violations.

2. Preparing an application to the appellate court

This step is far from a mere formality. The application must contain well-structured arguments, legal references to national laws, international conventions, and relevant case law.

3. Representation in court

An attorney provides:

preparation of all procedural documents;

attendance at hearings;

development of the legal position;

protection of the client’s interests at all stages, including the Supreme Court, if necessary.

The role of public policy in set-aside cases.

Ukrainian courts often reject applications to set aside ICAC awards due to the absence of public policy violations. However, public policy is a vague concept that requires legal interpretation. A qualified lawyer understands how to build a convincing argument that persuades the court to treat a public policy violation as a valid ground for setting aside.

A complex process that requires precision

Mistakes in the application process can make it impossible to resubmit the case. That’s why legal support from an arbitration specialist is absolutely critical.

Our experience.

We focus on cases involving:

setting aside ICAC awards;

recognition and enforcement of foreign arbitral awards;

international arbitration in trade, supply, services, real estate, and other sectors.

We assist both Ukrainian and international clients.

Conclusion.

Setting aside an arbitral award is an exceptional but feasible remedy, provided there are valid legal grounds. If you question the validity of an ICAC decision or suspect procedural irregularities — consult a lawyer experienced in international arbitration. Timely legal action can shift the outcome in your favor.

You may also be interested in: legal support in ICAC at the UCCI