Changes to international arbitration regime in Ukraine

On 21 May 2026, Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Expansion of the Jurisdiction of International Arbitration” No. 4856-IX (“Law”) entered into force.

Key changes

New criteria for the “international nature” of a dispute. Previously, the Law of Ukraine “On International Commercial Arbitration” allowed disputes to be referred to arbitration where at least one party had a place of business abroad or was an enterprise with foreign investment. The Law now also permits disputes between Ukrainian parties to be referred to arbitration if they arise out of foreign trade and other forms of international economic relations and if, among other things:

• the parties have expressly established that the subject matter of the arbitration agreement is connected with more than one state
• the place of arbitration is abroad
• the performance of a substantial part of the obligations is connected with a foreign state

Assistance with the formation of the arbitral tribunal. Supporting functions relating to the formation of arbitral tribunals as well as the challenge and termination of the mandate of arbitrators are performed: (1) for ad hoc arbitrations, by the President of the Ukrainian Chamber of Commerce and Industry (as before); and (2) for institutional arbitrations, in accordance with the rules of the relevant institution.

Arbitrability of investment disputes. The Law confirms the jurisdiction of international commercial arbitration to hear international investment disputes. The Ukrainian Government and state-owned enterprises are advised to select the ICAC at the Ukrainian Chamber of Commerce and Industry in new BITs, public-private partnership contracts, and foreign economic contracts.

Additional notes

For further information, please contact partner Oleksii Maslov, by phone at +380 44 591-3355 or via email.