UKRAINE Law and Practice Contributed by: Olena Perepelynska, Krystyna Khripkova, Nadiya Mykiyevych and Anna Kozyrieva, IMPACTA LAW
Supreme Court suggested that, in exceptional circum - stances, the effects of an arbitration agreement may extend beyond the parties that signed and executed the underlying contract. Namely, the Grand Chamber held that an arbitration agreement may, in appropriate circumstances, also bind a person that has not signed the underlying contract, depending on the nature of that person’s legal relationship to the underlying trans - action (in that particular case, a guarantor). The Grand Chamber, however, expressly confined its reasoning to the particular facts of the case and did not for - mulate a general doctrine governing the extension of arbitration agreements to non-signatories. The Ukrainian courts do not have any specific power to bind foreign non-signatories to an arbitration agree - ment or to extend the effects of an arbitral award to persons not otherwise bound by it under applicable law.
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