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Cai & Lenard

Grand Step Business Center, 8th floor; 24D, Polevaya St.
Kyiv 03056
Ukraine

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Articles Published by Cai & Lenard


Improvement = Quick Reform - Ukraine

The title of the Law “On amendments to certain Laws of Ukraine regarding the improvement of justice procedure” (adopted on the 20th of December, 2012) suggests the idea that such word as “reform” was removed from the list of legal terms after the pensionary reform. As the saying is, knock on wood!

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Why Fileshares are Illegal

In the light of the closure of the largest file storage systems in Ukraine (Infostore.org, Eх.uа, Upload.com.ua) the joint research of the Investment and Trade Foundation (ITF) and Cai & Lenard Law Firm on the protection of intellectual property in the Internet becomes actual.

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New Space Age

Olga Stelmakh, Cai & Lenard’s off-councel, took part in the Diplomatic conference for the adoption of the UNIDROIT draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets. The conference was held from 27 February to 9 March 2012 in the Ministry of Foreign Affairs of the Federal Republic of Germany in Berlin.

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Ukraine: A Forest Is in an Acorn

Ukraine is rather unexplored tourist land: though being the 12th most popular tourist country according to the United Nations World Tourism Organization (UNTWO), Ukraine remains almost unknown to foreigners. Most of about 20 million visitors who come to Ukraine every year are from CIS countries.

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Prove that Arbitration Does Exist!

Probably there is no guide on how to draft an arbitration clause properly that does not recommend to specify the arbitral institution or administering body correctly. Naming an institution to administer the arbitration proceeding or to appoint the arbitrators if the institution never existed, is misnamed in the clause or refuses to act, is one of the examples of pathological arbitration clauses.

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Intention to Arbitrate or Pathological Arbitration Clause?

Ukrainian courts’ practice still is not a pro-arbitration one. However, there is the understanding of difference between a pathological arbitration clause and a poorly drafted clause which though may be rescued.

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Stereotype 2. Arbitration Is Less Formal

This article is the second in the special set of comments “Stereotypes of international arbitration”. It is worth mentioning that here we discuss the myths which re typical for international arbitration.

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Stereotypes of International Arbitration. Stereotype No 1. Speed and Economy

This article opens the set of short comments concerning the most common stereotypes related to the advantages and disadvantages of international arbitration as well as other myths related to international arbitration.

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Stock Exchange Arbitration

Arbitration as an alternate method of dispute settlement has long been recognized as convenient, efficient and less expensive than the traditional lawsuit in court. These benefits have always been a significant reason for the success of securities industry arbitration. In the USA and many European countries the arbitration is the primary means of resolving disputes in the securities market.

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Linguistic Dispute: Perversion of Online Arbitration Concept in Ukraine

There is no specific regulation allowing or prohibiting online arbitration in Ukraine at the time.

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5 Reasons Why Mediation Is not Developed in Ukraine

Although arbitration and mediation are both forms of alternative dispute resolution and the second one is popularized by several institutions in Ukraine it still may not be treated as a competitor to arbitration.

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