International Trade and Commercial Transactions
The continuous process of globalization of the Ukrainian economy has attracted a lot of business processes to the country. As a result, cross-border transactions are increasingly being concluded; international disputes are emerging that require a settlement; and the topic of international taxation is becoming more important every day.
International Commercial Arbitration
The International Commercial Arbitration (ICA) is an independent arbitration court that is not bound by the national law of any country nor by international agreements.
In resolving conflicts, the ICA is guided by the concepts of fairness, impartiality, and morality as well as the fundamental principles of international and commercial law or by the traditions of law enforcement.
The ICA is often used to resolve foreign economic disputes in conjunction with the judicial procedure.
The key advantages of this procedure are as follows:
- a simple judicial procedure;
- a low cost of the process;
- an independent determination of the language, the venue, and the arbitrators by the parties to the conflict;
- confidentiality (private meetings);
- obtaining a final decision.
Types of international commercial arbitration include the following:
- institutional (permanent) international commercial arbitration, which is located in the Chambers of Commerce and Industry (CCI), associations, and communities and which exists in almost all the countries of the world;
- isolated (one-time) international commercial arbitration, which is created by the parties to the conflict with a view to resolving a specific conflict and which is dissolved at the end of the trial (i.e. after the decision is issued).
The institutional ICAs established by the organizations operate in accordance with the Charter and the developed Rules. Arbitration proceedings are implemented according to the rules with the participation of permanent arbitrators. As a rule, this kind of arbitration is resorted to when solving complex cases.
When isolated ICAs are used, however, the parties independently approve the procedure for the election of arbitrators and choose the venue of arbitration and the language. Based on practice, such arbitration is the most effective method of resolving actual disputes (checking the conformity of goods, value etc.).
Lawyers of Law Agency "Absolute" Limited Liability Company represent the interests of large companies in the ICAC at the CCI of Ukraine when resolving cross-border disputes.
Our specialists will:
- issue legally sound opinions on issues of Ukrainian and international private law;
- assess the risks of entering into any relations between Ukrainian and foreign companies as well as individual assets (Due diligence);
- advise on tax planning and structuring of ownership of foreign assets.
- create international joint companies in Ukraine, the Baltic countries and abroad; develop joint-stock and other agreements;
- draft international commercial contracts and other legal documentation on foreign law.
Using an Offshore Company
In most cases, non-resident companies are used for the purpose of tax optimization, planning and improving the profitability of the business, convenience of settlements with counterparties, preservation and management of assets.
Liquidation of foreign companies takes place either officially or compulsorily.
In the first case, the owner submits an appropriate application to the Commercial Register and, upon the expiry of the due date, receives a "Certificate of Company Closure." In the second case, the enterprise is terminated if the owner does not pay mandatory fees, remuneration for the services of the nominee shareholder or the director and does not submit financial statements. Then, the Trade Registers remind the enterprise of certain obligations and the payment of the imposed penalties. If the owner does not take any action, in almost all offshore territories such a company is removed from the register.