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Recognition and Enforcement of Foreign Court Judgments Will Be Secured By Interim Measures

October 2011 - Corporate & Commercial. Legal Developments by Asters.

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On 22 September 2011 the Parliament of Ukraine adopted the Law amending Civil Procedural Code concerning granting interim measures during recognition and enforcement of a foreign court judgment.

The Law introduces a possibility to a winning party to apply for interim measures at the enforcement stage. According to the Law, interim measures are allowed at any stage of proceedings if non-granting of such measures could make enforcement complicated or impossible. Procedure for granting interim relief during enforcement of foreign judgments remains the same as for regular domestic claims.

Such Law provides for an important tool for courts to allow applications of interim measures during court trial on enforcement of foreign court judgments and arbitral awards. However, it provides for no option to apply for interim measures in pending arbitration and foreign court cases.
Notably, during the second reading in the Parliament, suggestions to the bill on enforcement by domestic courts of interim relief granted by arbitration tribunal were voted down.

The Law has been signed by the President on 14 October 2011 and came into force on 19 October 2011.

For further information please contact
[ ]Yaroslav Petrov, Associate