Matter
Arcelormittal Ambalaj Celigi Sanayi Ve Ticaret Anonim Sirketi v. Ukraine (European Court of Human Rights Application no. 23819/11)
Aliases: Virtus Ambalaj Celik Sanayi ve Ticaret Anonim Sirketi v. Ukraine
- 20 February 2009Arbitration
20 February 2009Arbitration
Arbitral Award of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry dated 20 February 2009
International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry
- Decision summary
- The International Commercial Arbitration Court ordered A. to pay the applicant company in full for delivered goods and to reimburse the arbitration fee.
Supporting details
2 participantsArcelormittal Ambalaj Celigi Sanayi Ve Ticaret Anonim Sirketi
A.
International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry
5 months and 7 days later · 157 days
- 27 July 2009Ukraine
27 July 2009Ukraine
Decision of the Shevchenkivskyy District Court of Kyiv dated 27 July 2009
Shevchenkivskyy District Court of Kyiv
- Decision summary
- The court allowed A.'s application and set aside the arbitral award, finding that the arbitration clause referred to a non-existent institution, lacked a court procedure for resolving interpretation disputes, and placed matters outside the clause's scope before the arbitral tribunal.
Supporting details
2 participantsA.
Arcelormittal Ambalaj Celigi Sanayi Ve Ticaret Anonim Sirketi
Shevchenkivskyy District Court of Kyiv
4 months and 12 days later · 135 days
- 9 December 2009Ukraine
9 December 2009Ukraine
Judgment of the Kyiv Court of Appeal dated 9 December 2009
Kyiv Court of Appeal
- Decision summary
- The Court of Appeal upheld the decision setting aside the arbitral award, holding that the Ukrainian version of the arbitration clause referred to a non-existent institution and did not expressly authorise the International Commercial Arbitration Court to interpret the clause.
Supporting details
2 participantsArcelormittal Ambalaj Celigi Sanayi Ve Ticaret Anonim Sirketi
A.
Kyiv Court of Appeal
10 months and 4 days later · 308 days
- 13 October 2010Ukraine
13 October 2010Ukraine
Judgment of the Supreme Court of Ukraine dated 13 October 2010
Supreme Court of Ukraine
- Decision summary
- The Supreme Court upheld the lower courts' decisions setting aside the arbitral award, stating that the arbitration clause did not expressly authorise the International Commercial Arbitration Court to interpret it and that A.'s jurisdictional objections showed that the parties had not agreed to refer their disputes to that court.
Supporting details
2 participantsArcelormittal Ambalaj Celigi Sanayi Ve Ticaret Anonim Sirketi
A.
Supreme Court of Ukraine
10 years, 9 months and 2 days later · 3928 days
- 15 July 2021France
15 July 2021France
Judgment of the European Court of Human Rights in the case Arcelormittal Ambalaj Celigi Sanayi Ve Ticaret Anonim Sirketi v. Ukraine, application no. 23819/11 dated 15 July 2021
European Court of Human Rights (Fifth Section)
- Citation
- Application no. 23819/11, 15 July 2021
- Decision summary
- The Court found a violation of Article 6 § 1 of the Convention because the Ukrainian courts failed to give adequate reasons addressing the applicant company's specific and decisive arguments concerning the arbitral tribunal's jurisdiction. It declared the complaints under Article 1 of Protocol No. 1 and Article 13 inadmissible as premature, held that the finding of a violation constituted sufficient just satisfaction for non-pecuniary damage, and rejected the claims for costs and expenses.
Supporting details
12 authorities · 8 participantsArcelormittal Ambalaj Celigi Sanayi Ve Ticaret Anonim Sirketi
- Representative
- T. Gürmen (For: Arcelormittal Ambalaj Celigi Sanayi Ve Ticaret Anonim Sirketi)
Ukrainian Government
- Representative
- I. Lishchyna (For: Ukrainian Government)
European Court of Human Rights (Fifth Section)
- Judge
- Mārtiņš Mits
- Judge
- Jovan Ilievski
- Judge
- Ivana Jelić
Other
- Tribunal secretary
- Martina Keller