The Legal 500

Article 15 of the Code of Civil Procedure provides that applications for recognition and enforcement of awards issued in international commercial arbitration are considered by the courts of general jurisdiction following the procedure set out in the code.

UNCITRAL Arbitration Rules

On 27 October 2011, the presidium of the Chamber of Commerce adopted new rules of assistance allowing ICAC Ukraine to act as an appointing authority or offer administrative services to ad hoc arbitrations under UNCITRAL rules. The new rules refer to the UNCITRAL rules of 2010 and generally follow UNCITRAL's Recommendations to Assist Arbitral Institutions and Other Interested Bodies.  

Author: Eugene Blinov
Published in: NYSBA New York Internation Chapter News

To dismiss the application within twenty days from date of receipt of the notice of the application:

a. the arbitration agreement is valid as a result of the incapacity of a party according to the applicable laws;

Arbitration - Ukraine

Contributed by Astapov Lawyers International Law Group

When ratifying the New York Convention, Ukraine made the reservation that "with regard to awards made in the territory of non-contracting states, it will apply the convention only to the extent to which those states grant reciprocal treatment". The same approach towards reciprocity was incorporated into several instruments of Ukrainian legislation, in particular the Code of Civil Procedural Code. 

On 17 November 2011, the Parliament of Ukraine adopted amendments to the Law of Ukraine "On Production Sharing Agreements" (the "Law") aiming at improvement of the mechanism for entering into Production Sharing Agreements and establishment of additional grounds and opportunities for the development of exploration and production companies fully or partially owned by the state. The Law is awaiting the President's approval.

A number of amendments were recently made to legislation concerning the recognition and enforcement of arbitral awards. Despite being generally positive, some of the changes were partial and incomplete and may lead to the emergence of new obstacles in enforcing arbitral awards. In particular, this applies to amendments (adopted on February 3 2011) to two laws concerning challenging arbitral awards and issuing enforcement orders: the Civil Procedure Code and the Commercial Procedure Code.

Author: Andrey Astapov, Eugene Blinov and Victoria Afanasyeva
Published in: Yuridicheskaya Praktika

Dispute resolution practitioners have long argued for enhanced legal clarity on the
procedures for protecting Ukraine's rights and interests and for representing such
interests in disputes with foreign entities.

On 25 March 2011 Regulation of Antimonopoly Committee of Ukraine (“AMCU”) “On approval of amendments to Rules of consideration of applications and cases on violation of legislation on protection of economic competition” (“Rules”) No. 84-p dated 14 February 2011 (“Amendments”) entered into force. The Amendments are aimed to improve the procedure for review and re-examination of cases on violation of legislation on protection of economic competition.

Ukraine is a civil law country with the Constitution being a principal source of law. The main sources of civil and commercial law are acts promulgated by the legislative and executive branches of state power. International treaties ratified by the Parliament become part of national law and prevail in a conflict with domestic law. Judgments issued by courts of general jurisdiction are not recognised as a source of law in U kraine, but play a significant role in its interpretation.

Ukrainian Parliament Introduces Amendments to a Number of Laws Regarding the Simplification of the Procedure for the Acquisition and Realization of Rights to Land

Law of Ukraine № 1076-VI “On Amendments to Some Legislate Acts of Ukraine on the Activity of Local Arbitration Courts and the Enforcement of the Awards of Local Arbitration Courts”, dated 5 March 2009, which became effective on 31 March 2009, prohibits the right of parties to refer corporate disputes to local or international arbitration; rather, such disputes may be decided only by the Ukrainian commercial courts.

Law of Ukraine № 1076-VI “On Amendments to Some Legislative Acts of Ukraine on the Activities of Local Arbitration Courts and the Enforcement of the Awards of Local Arbitration Courts”, dated 5 March 2009, which became effective on 31 March 2009, significantly amends the established procedures for the resolution of disputes by means of local arbitration.

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