On 13 February 2026, the UAA Working Group submitted to the Commercial Court of Cassation of the Supreme Court a collectively prepared independent expert opinion (Amicus Curiae Brief) in case No. 910/11283/25.
The Working Group considers that this case raises issues that are important for the development of arbitration in Ukraine and for shaping the perception of Ukraine as an arbitration-friendly jurisdiction. In this case, the Supreme Court will have the opportunity to opine on enforceability of the arbitration agreement that provides for ad hoc arbitration, as well as in particular on enforceability of such agreement where the mechanism for appointing arbitrators as agreed by the parties fails for any reason.
The Working Group hopes that this opinion will assist the Supreme Court in its consideration of the case.
You may find the full text of Amicus Curiae Brief (in Ukrainian) here.
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