Virtual arbitration of foreign economic disputes




virtual arbitration proceedings, arbitration, arbitration agreement, remote proceedings, digitization.і


In the system of alternative methods of resolving foreign economic disputes, forms of arbitration proceedings play a key role. The digitization of many spheres of social life, in particular the procedure for resolving disputes, prompts a large number of institutional arbitration institutions to implement virtual proceedings as an urgent need for the global business community. The main issue in this context is the relationship between "direct" and "virtual" arbitration. The purpose of the article is to highlight the results of the research of both legislative regulation and law enforcement practice of a number of countries of the world regarding "virtual" arbitration proceedings for possible implementation and further unification in the Ukrainian legal system. The methods used are: structural-logical and system-functional analysis; comparative legal. The definitive construction of "virtual arbitration proceedings" is analysed through the prism of legislative regulation of many countries of the world. Highlighting the key problematic issues of the Ukrainian legislative regulation of virtual arbitration proceedings, ways to improve this procedural institution are proposed.

Author Biography

Serhii KRAVTSOV, Yaroslav Mudryi National Law University

PhD (Law), Associate Professor at the Department of Civil Procedure, Arbitration and Private International Law


Gary Born et al., "Empirical Study of Experiences with Remote Hearings: A Survey of Usersʼ Views", in International Arbitration and the COVID-19 Revolution, (pp. 137-150)

Maxi Scherer, "Remote Hearings in International Arbitration: An Analytical Framework", (2020), Journal of International Arbitration, 37, Issue 4, pp. 407-448.

Prytyka, Ju. D. (2018). Online arbitration: concepts, features and prospects of implementation in Ukraine. Visnyk Nacionalʼnoiʼ Akademiiʼ pravovyh nauk Ukraiʼny. Bulletin of the National Academy of Legal Sciences of Ukraine, 3, 186-196.

Polataj, V. Ju. (2017). Electronic arbitration. Legal scientific electronic journal, 6, 22-35

Paolo, Marzolini, Daniel Durante. "Switzerland: Does a Right to a Physical Hearing Exist in International Arbitration?," ICCA Projects

See, Lucy Martinez and Jay Tseng, "Australia: Does a Right to a Physical Hearing Exist in Interna-tional Arbitration?," ICCA Projects

International Relief and Development Inc v Ladu (2013). FCA 1216

Oberster Gerichtshof in Republik Österreich, 18 ONc 3/20s-2, 2020;

Ola, 0. Nisja and Per Aleksander Tonnessen, "Norway: Does a Right lo a Physical Hearing Exist in Interna-tional Arbitration?," ICCA Projects

Geir WOXHOLTH, Voldgift, 1st edn. (Gyldendal Norsk Forlag AS 2013) p. 612

Act of 14 May 2004 No. 25 relating to Arbitration

Act relating to mediation and procedure in civil disputes (The Dispute Act)*

Resolution of the Civil Court of Cassation dated August 4, 2022 in the case № 824/217/21

Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic, ICC International Chamber of Commerce, April 2020, available at

Rules of Arbitration of the International Chamber of Commerce, in force as from 1 March 2017

Guidance Note on Remote Dispute Resolution Proceedings

Oral hearings in times of COVID-19

HKIAC Guidelines For Virtual Hearings

The Vienna Protocol - A Practical Checklist for Remote Hearings

Arbitration Rules of the Vienna International Arbitration CentreАРБІТРАЖНИЙ_РЕГЛАМЕНТ_ТА_РЕГЛАМЕНТ_З_МЕДІАЦІЇ_OH.pdf

Oberster Gerichtshof in Republik Österreich, 18 ONc 3/20s-2. (2020).

ICAC Annual Report 2020 - 24 pages of the most up-to-date information on the development of international arbitration in Ukraine and the world

IMPORTANT INFORMATION regarding the work of ICAC and UMAC of Ukraine during the martial law regime

Decision of the Kyiv Court of Appeals dated June 25, 2021 in the case № 824/75/21



How to Cite

KRAVTSOV С. (2023). Virtual arbitration of foreign economic disputes. oreign rade: onomics, inance, aw, 129(4), 73–87.