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| Annex No.2
to the Law of Ukraine
On International Commercial Arbitration
dated Februaty, 24, 1994
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STATUTE |
ON THE MARITIME ARBITRATION COMMISSION
AT THE UKRAINIAN CHAMBER OF COMMERCE AND INDUSTRY |
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1. The Maritime Arbitration Commission is an independent, permanently functioning arbitral institution (third-party tribunal) that carries out its functions in settling disputes falling within its jurisdiction in accordance with article 2 of this Statute, in conformity with the Law of Ukraine On International Commercial Arbitration.
The Ukrainian Chamber of Commerce and Industry approves the Rules of the Maritime Arbitration Commission, the schedule of arbitration fees, rates of arbitrators' fees and other expenses of the Commission, and assists the Commission in other ways to discharge its duties.
2. The Maritime Arbitration Commission shall settle disputes arising from contractual and other civil law relationships in the area of merchant shipping, irrespective of whether the parties to a relationship include both Ukrainian and foreign entities, or whether the parties are only Ukrainian entities or only foreign entities. In particular, the Maritime Arbitration Commission shall settle disputes arising from relationships concerning the following matters:
1) the affreightment of vessels, the carriage of goods by sea, and the carriage of goods in mixed navigation (river-sea);
2) the maritime towage of vessels or other floating objects;
3) marine insurance and reinsurance;
4) the sale of seagoing vessels and other floating objects, their repairs and maritime liens;
5) piloting, conducting through ice, agencing or other servicing of seagoing vessels, as well as vessels of inland navigation to the extent that the relevant operations are connected with the sailing of such vessels on sea routes;
6) the use of vessels for scientific research, extraction of minerals and hydrotechnical or other works;
7) the salvage of seagoing vessels or of vessels of inland navigation by seagoing vessels, as well as the salvage in sea waters of vessels of inland navigation by other vessels of inland navigation;
8) the raising of vessels and other property sunken in sea waters;
9) collisions between seagoing vessels, or between a seagoing vessel and vessel of inland navigation, or between vessels of inland navigation in sea waters, as well as the infliction by a vessel of damage to port installations, navigational aids and other objects;
10) the infliction of damage to fishing nets or other fishing gear, as well as the infliction of other damage in conducting maritime fishery trade.
The Maritime Arbitration Commission shall also consider disputes arising in connection with sailing of seagoing vessels and vessels of inland navigation on international rivers, in the instances specified in the presents article, and also disputes arising in connection with performing by vessels of inland navigation abroad carriages.
3. The Maritime Arbitration Commission shall hear the disputes that the parties have agreed to refer to it.
The Commission shall also hear disputes subject to its jurisdiction by virtue of international treaties.
4. In matters subject to the jurisdiction of the Commission, the Chairman of the Commission may, at the request of a party, determine the amount and form of the security for a claim and, in particular, may make a ruling to attach the other party's vessel or cargo in a Ukrainian port.
5. The awards of the Commission shall be carried out by the parties voluntarily. An award not carried out voluntarily by a party shall be enforced in accordance with the law and international treaties.
6. The procedure for implementing decisions regarding the security in accordance with article 4 of this Statute shall be determined by the Chairman of the Maritime Arbitration Commission upon the entry into force of the decision.
7. The Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry has its own seal reproducing its name in Ukrainian and English languages and displaying an anchor and the scales of justice.
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