Sergiy Gryshko appointed as an arbitrator in trade disputes occurring under the Association Agreement between the EU and Ukraine

On 29 September 2017, President Petro Poroshenko nominated Sergiy Gryshko, a Partner and Head of the Dispute Resolution Practice of Redcliffe Partners, to the list of persons capable and willing to serve as arbitrators within the framework of the trade dispute settlement procedure envisaged by Chapter 14(1) Title IV of the Association Agreement between the European Union, the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other (the “EU-Ukraine Association Agreement”).

Sergiy Gryshko and four other Ukrainian nationals, nominated by President Poroshenko’s Ordinance, will be eligible for appointment by the EU and Ukraine to serve as arbitrators in the event of any trade controversy pursuant to Articles 306 and 307 of the EU-Ukraine Association Agreement. Dispute settlement procedures presuppose initial consultations in the event of any trade disputes, followed by the appointment of arbitrators where such consultations do not achieve settlement of the trade dispute.

The arbitration procedure involves examining the compatibility of trade-related measures within the EU-Ukraine Association Agreement with which either Ukraine or the EU disagree; an interim report is followed by a final ruling. The arbitrator’s mandate includes reviewing the implementation of the final ruling by the respondent State. The Association Agreement between Ukraine and the EU came into force on 1 September 2017, and is seen as one of the most significant steps by Ukraine towards future membership of the EU.