On 13 November 2014 Konstantin Pilkov, Cai & Lenard’s
Managing Partner and Head of Arbitration Practice, made a presentation at
the 2nd International Arbitration Readings in Memory of Academician Igor
Pobirchenko, organized by the International Commercial Arbitration Court and
the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and
Industry.
Legal practitioners in
the area of arbitration from Ukraine and European countries, judges of the economic
and general courts, representatives of the world of science and members of the
National Academy of Legal Sciences of Ukraine took part in the readings.
In his presentation Mr. Pilkov spoke on the development of
alternative dispute resolution techniques. “Arbitration is a dispute settlement
mechanism recognized in international business practice. It is so convenient
that… there are no less than half a dozen of legal terms that define a way to avoid resorting to
arbitration. “Multi-tiered clauses”, “escalation clauses”, “Wedding Cake
clause” have almost the same meaning, namely, an agreement on consistent application of
different dispute resolution methods (negotiation, mediation, adjudication)
before resorting to arbitration,” K.Pilkov
noted.
Using examples from
the practice of the courts of England, United States and Switzerland, Konstantin Pilkov showed the Ukrainian
courts’ formal approach to the obligation of the parties' agreement to use
alternative means of dispute resolution.
Arbitration perspectives
On 13 November 2014 Konstantin Pilkov, Cai & Lenard’s Managing Partner and Head of Arbitration Practice, made a presentation at the 2nd International Arbitration Readings in Memory of Academician Igor Pobirchenko, organized by the International Commercial Arbitration Court and the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry.
Legal practitioners in the area of arbitration from Ukraine and European countries, judges of the economic and general courts, representatives of the world of science and members of the National Academy of Legal Sciences of Ukraine took part in the readings.
In his presentation Mr. Pilkov spoke on the development of alternative dispute resolution techniques. “Arbitration is a dispute settlement mechanism recognized in international business practice. It is so convenient that… there are no less than half a dozen of legal terms that define a way to avoid resorting to arbitration. “Multi-tiered clauses”, “escalation clauses”, “Wedding Cake clause” have almost the same meaning, namely, an agreement on consistent application of different dispute resolution methods (negotiation, mediation, adjudication) before resorting to arbitration,” K.Pilkov noted.
Using examples from the practice of the courts of England, United States and Switzerland, Konstantin Pilkov showed the Ukrainian courts’ formal approach to the obligation of the parties' agreement to use alternative means of dispute resolution.
Practices: