UKRAINE Law and Practice Contributed by: Olena Perepelynska, Krystyna Khripkova, Nadiya Mykiyevych and Anna Kozyrieva, IMPACTA LAW
which includes an arbitration clause. The party is also required to provide a notarially certified translation of the above documents into Ukrainian if they are in a foreign language. Ukrainian law also has a remission procedure. Where a setting-aside application has been filed with the competent court, Ukrainian law provides the court with a discretionary power to suspend those pro - ceedings for a defined period at the request of a party and to remit the case back to the arbitral tribunal to afford it an opportunity to resume the proceedings or to take other measures that, in the tribunal’s assess - ment, would eliminate the grounds for setting aside. This mechanism – which mirrors Article 34 (4) of the UNCITRAL Model Law – allows procedural deficien - cies to be remedied without setting the award aside outright, thereby preserving the finality of the arbitral process where possible. 11.2 Excluding/Expanding the Scope of Appeal The parties cannot exclude or expand the statutory grounds for challenging an arbitral award. The ICA Law contains an exhaustive list of grounds for setting aside an award and those grounds cannot be modified by agreement of the parties. Similarly, the Ukrainian courts remain confined to the grounds expressly pro - vided in the ICA Law and applicable procedural rules set out in the CPCU when reviewing arbitral awards. 11.3 Standard of Judicial Review There is no judicial review of the merits of an arbitral award under Ukrainian law.
ing restrictions on the practical application of the New York Convention arising from: • the temporary occupation of the Autonomous Republic of Crimea and certain areas of the Donetsk and Luhansk regions by the Russian Fed - eration; and • subsequently, from the Russian Federation’s full- scale aggression against Ukraine. Ukraine is also a party to the European Convention on International Commercial Arbitration 1961 and the ICSID Convention. 12.2 Enforcement Procedure The recognition and enforcement of foreign arbitral awards in Ukraine, as well as the enforcement of international arbitral awards rendered in Ukraine, are governed by the CPCU, the ICA Law and applicable bilateral or multilateral international treaties – most notably the New York Convention. Under Article 474 of the CPCU, Ukrainian courts shall grant recognition and enforcement of a foreign arbitral award where: • recognition and enforcement are permitted under an international treaty ratified by the Parliament of Ukraine; or • enforcement is sought based on the reciproc - ity principle. Where recognition and enforcement depend on reciprocity, the CPCU expressly pro - vides that reciprocity shall be presumed to exist unless the contrary is established. The application for recognition and enforcement of an arbitral award shall be filed with the competent court (see 1.4 National Courts ) within three years from the date when it was rendered. Unless the applica - tion is filed in a timely manner, the court shall return the application without consideration. However, upon a motivated motion by an applicant, the court may accept a delayed application if it considers the grounds for missing the three-year period valid. The CPCU sets out clear requirements for the form and content of such an application. The CPCU requires that an application for recognition and enforcement be accompanied, among other things, by the original arbitration agreement or a notarised copy thereof; if the agreement is not in Ukrainian, a certified trans -
12. Enforcement of an Award 12.1 New York Convention
Ukraine is a contracting State to the New York Con - vention. Ukraine made a reservation that it applies the New York Convention on a reciprocal basis to awards made in non-contracting states, meaning that such awards are recognised and enforced in Ukraine only to the extent that the state of origin accords recipro - cal treatment to Ukrainian awards. In 2015, 2022 and 2023, Ukraine submitted three communications to the Secretary-General of the United Nations regard -
1115 CHAMBERS.COM
Powered by FlippingBook