AVELLUM lawyers published in ICC Dispute Resolution Bulletin

AVELLUM is pleased to announce that Oleksii Maslov, counsel, and Illia Ivanusa, associate, from our Dispute Resolution practice contributed to the ICC Dispute Resolution Bulletin (ICC Arbitration).

Their article, “BPP v Grain Power — Supreme Court Tackles Outdated Restriction of Subjective Arbitrability and Effect of Arbitration Agreements on Third Parties” covers a significant decision by the Ukrainian Supreme Court from November 2023.

In their article, Oleksii and Illia explain how the decision confirms the right of two Ukrainian parties to submit their dispute to a foreign-seated arbitration. This significantly broadens the scope of arbitration as an ADR option for Ukrainian parties.

Additionally, the court recognized that an arbitration agreement could extend to parties not initially involved in the legal relationship, bringing more clarity as to the effect of arbitration agreements in cases of assignment or novation. This case also marked the first instance where the Supreme Court invited non-profit professional organizations to submit amici curiae briefs, setting a welcome example for Ukrainian courts.

Access the full issue.