Ministry of Economy of Ukraine
The Government approved the list of arbitrators for resolution of trade disputes within the framework of the Association Agreement between Ukraine and the EU
06.02.2019 | 16:23 | Directorate for relations with state bodies and publicOn February 6, the Cabinet of Ministers approved a draft decision of the EU-Ukraine Association Committee on the formation of a list of arbitrators, of which the groups for resolution of trade disputes between Ukraine and the European Union will be formed. Such procedure is provided for by the Association Agreement.
According to Article 323 of the Association Agreement, the Association Committee shall form a list of 15 persons who may enter the panel (group) of arbitrators for each trade dispute.
Ukraine and the EU are supposed to send 5 persons to the panel of arbitrators each. It is also noted that the parties should elect five more persons who are not citizens of the EU member states or Ukraine. The representatives of third countries will elect the chairmen of the arbitration groups.
The structure of arbitrators from Ukraine includes:
- Serhii Hryshko, Deputy General Director of Limited Liability Company “Redcliff Partners”;
- Taras Kachka, Deputy Executive Director of International Foundation “Vidrodzhennia”, expert in European integration;
- Viktor Muraviov, Head of the Department of Comparative and European Law of the Institute of International Relations of the Kyiv National University named after Taras Shevchenko;
- Yurii Rudiuk, partner of law firm “Van Bael & Bellis”, the Kingdom of Belgium.
The candidacy of the fifth arbitrator from Ukraine is currently pending approval at the Administration of the President of Ukraine.
Despite the fact that Ukraine did not approve the candidacy of the fifth arbitrator, the EU proposed to start the formation of a panel of arbitrators, based on the existing list of Ukrainian arbitrators. The name of the fifth arbitrator from Ukraine may be entered in the draft Decision of the EU-Ukraine Association Committee at any stage of the internal procedures for the approval of final decision on this candidacy.
The European Union’s arbitrators will include:
- Claus-Dieter Ehlermann, Senior Advisor at Wilmer Cutler Pickering Hale & Dorr LLP in Brussels, former professor in EU law at the European University in Florence, former chairman of the Competition and Legal Service Directorate of the European Commission;
- Giorgio Sacerdoti, professor in international law at the University of Bocconi, Milan, Italy, former Deputy Chairman of the Working Group of the Organization of Economic Cooperation and Development (OECD) for bribery in the international business operations;
- Jacques Bourgeois, professor in European law at the College of Europe in Bruges;
- Pieter Jan Kuijper, professor in international law at the University of Amsterdam;
- Ramon Torrent, professor in political economy at the University of Barcelona.
The list of arbitrators from third countries will include:
- William Davie (USA)
- Helge Celand (Norway)
- Maris Robert (Canada)
- Christian Haberley (Switzerland)
- Marit Janov (USA).
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