Olena Perepelynska, Sayenko Kharenko’s counsel, spoke at the 2nd International Arbitration Readings in Memory of Academician Igor Pobirchenko, held on 13 November in Kyiv and hosted by International Commercial Arbitration Court jointly with the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry.
The event brought together representatives of the leading law firms, judges of state courts of various instances, scientists and arbitrators from Finland, the Netherlands, Serbia, Poland and Belarus.
This year’s event covered only one topic “Arbitration Agreement: Basic Principles and Current Trends”, in the context of which the following issues were discussed: form of the arbitration agreement – «pros» and «cons» for the amendments to the Law of Ukraine “On International Commercial Arbitration”; classification of arbitration agreements (multi-tier, optional, alternative, etc.); pathological arbitration agreements; validity of the arbitration agreements; possibility of succession in respect of the arbitration agreements; binding effect of the arbitration agreements: doctrine and judicial practice; IBA Guidelines for drafting international arbitration clauses: recommendations for application, etc.
In her presentation “Arbitrability of disputes under the laws of Ukraine (topical issues)”, Olena Perepelynska spoke on the notion of arbitrability, its components and connection with the validity of the arbitration agreement and the category of public policy. In addition, Mrs. Perepelynska described the situations in which a question of arbitrability can raise and what law can apply in each case. The presentation also analyzed the Ukrainian legislation on the arbitrability of disputes, in particular, Article 12(2) of the Commercial Procedure Code of Ukraine and its current scope of application, as well as examples from the practice of the Ukrainian courts regarding this issue.
Olena has been recommended among leading arbitration practitioners in Ukraine by The International Who’s Who of Commercial Arbitration 2013, Ukrainian Law Firms 2014 and Best Lawyers International 2014; and among leading dispute resolution practitioners in Ukraine by Chambers Global 2014 and Chambers Europe 2014.