Aspects Of Recognition And Enforcement: Lessons From Case Law

Background

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.

Articles 390 to 398 of the code govern the procedure for the recognition and enforcement of foreign court judgments. Notwithstanding that these articles concern foreign court judgments, Article 81 of the Law on Private International Law (2709-IV) may be interpreted in such a way that that the term 'foreign court judgments' includes foreign arbitral awards; thus, these articles of the code apply additionally to the recognition and enforcement of such awards.