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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Enforcement in Ukraine of Interim Orders Issued by Foreign Courts and Arbitral Tribunals

In the past few years Ukrainian clients have developed an appetite for solving their disputes abroad. Litigation and arbitration sagas involving Ukrainian parties or related to Ukrainian assets often spread across many jurisdictions. In many such sagas various interim reliefs were granted by courts and tribunals.

Applicable law in contractual disputes: recent arbitration practice

AstapovLawyers Partner Eugene Blinov & the firm's Associate Roman Protsyshyn share their recent arbitration practice regarding applicable law in contractual disputes.

Proper notices in arbitration – watch the details!

Article V1(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, better known as the New York Convention, provides that recognition and enforcement of a foreign arbitral award may be refused, at the request of the party against which it is invoked, only if that party furnishes proof to the competent authority where the recognition and enforcement is sought that it was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings. However simple at first glance, the question of what constitutes 'proper notice' turns out to be less than clear in practice.

Is the Door to England Still That Wide Open for CIS Disputes?

6 February has marked lawyers’ calendars with an important message from the UK Supreme Court: English courts will not accept the jurisdiction over a dispute having the “centre of gravity” in another country. AstapovLawyers' Managing Partner Andrey Astapov and Associate Anna Kombikova comment on a recent CIS precedent.

Time limit for forwarding arbitral award to parties extended

The Presidium of the Ukrainian Chamber of Commerce and Industry (UCCI) recently amended Article 52 of the Rules of the International Commercial Arbitration Court (ICAC) at the UCCI. This article governs the procedure for forwarding an arbitral award to the parties to arbitration proceedings.

Enforcing arbitral awards against Ukrainian bankrupt companies

Eugene Blinov and Anna Kombikova of AstapovLawyers ILG commented on peculiarities of enforcement of arbitral awards against Ukrainian bankrupt companies. The lawyers noted the risks connected with such cases and suggested possible solutions.

Mitigation of damages in arbitration practice: trite law or space for creativity?

The mitigation of damages is a well-known principle in international legal practice. However, in Ukraine there is no widely applied court and arbitration practice on the issues relating to mitigation of damages, and aggrieved parties may be unclear as to what should and can be done.

Ukrainian district court allowed attachment of property located in Ukraine on the basis of UK proced

On 1 June 2012 Goloseevskiy district court of Kyiv city rendered a decision whereby it recognized and enforced the Order of the High Court of Justice Queen Bench Division Commercial Court (Order). As a result, Ukrainian court allowed attachment of Debtor’s assets located in Ukraine.

New procedural rules for ship arrest in effect in Ukraine since 16 May 2012

On 7 September 2011 Ukraine acceded to the International Convention for the Unification of Certain Rules relating to the Arrest of Sea-going Ships, known as the Brussels Convention (1952).

Ukraine earmarks UAH100 million for ICSID awards

In recent years there has been a worldwide trend against arbitration conducted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID). A number of Latin American countries have been critical of the ICSID Convention following a sequence of negative decisions. However, Ukraine has confirmed its commitment to the convention, which it ratified on March 16 2000.

Litigation & Dispute Resolution in Ukraine

Ukraine Andrey Astapov, Oleh Beketov & Oleksiy Zorin AstapovLawyers International Law Group.

Obtaining security measures in support of arbitral awards

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.

ICAC at the UCCI Adopted New Rules of Assistance to ad hoc Arbitrations under...

January 2012 - Litigation & Dispute Resolution. Legal Developments by ARBITRADE.

More articles by this firm.

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.  

Aspects Application of the New York Convention in Ukraine

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;

Aspects of recognition and enforcement: lessons from case law

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. 

Ukraine: Changes in Mechanism for Entering into Production Sharing Agreements

December 2011 - Litigation & Dispute Resolution. Legal Developments by Asters.

More articles by this firm.

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.

Challenging international arbitration awards: legislative changes trigger debate

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.

Looking for arbitration clause

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

Arbitrating state interests abroad: clearer basis for counsel and state entities

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.

PROCEDURE FOR CHALLENGING DECISIONS OF ANTIMONOPOLY COMMITTEE OF UKRAINE HAS BEEN IMPROVED

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.

The Dispute Resolution Review

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

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

Ukraine Prohibits Referring Corporate Disputes to Local or International Arbitration

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.

Ukrainian Parliament Amends Procedures for Local Arbitration

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.

LEGISLATION NEWS

Newsletter 5 April 2009. Energy | Real Estate | Retail | Retail | Public Procurement | Corporate Law | Infrastructure & Transport | Banking & Finance | Dispute Resolution | Capital markets

 

 

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