Ukraine - Baker & McKenzie International Arbitration Yearbook: 2012-2013

Igor Siusel is a Counsel in the Kyiv office of Baker & McKenzie. He advises and represents clients from various industries in domestic and international arbitration and litigation, recognition and enforcement of arbitral awards, enforcement of court judgments and bankruptcy proceedings. He is a member of the Ukrainian Bar Association.

Olga Shenk is an Associate in the Kyiv office of Baker & McKenzie, and a member of the Firm’s Global Dispute Resolution, Compliance and Employment Practice Groups.

Taras Aleshko is an Associate in the Kyiv office of Baker & McKenzie, and a member of the Firm’s Global Dispute Resolution, Energy, Mining & Infrastructure.

Kseniia Pogruzhalska is a Junior Attorney in the Kyiv office of Baker & McKenzie, and a member of the Firm’s Global Dispute Resolution Practice Group.

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Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Introduction

Ukraine is a civil law country and issues of international arbitration are governed primarily by international conventions and treaties (which, upon their ratification by the Verkhovna Rada [Ukrainian Parliament], have priority over national legislation) and by applicable national legislation. Court precedents are not considered to be the source of binding law in Ukraine, except for decisions of the Supreme Court of Ukraine taken in cases regarding different application of the same provision of the material law by cassation courts, as foreseen by Ukrainian procedural legislation, amended in July 2010. Decisions of the European Court of Human Rights are considered as source of law and are mandatory and binding for Ukraine.

Table of Contents:

A. Legislation, Trends and Tendencies

A.1 Introduction
A.2 Short Overview of Ukrainian Legislation regarding Arbitration
A.3 Recently Adopted Ukrainian Legislation regarding Arbitration
A.4 International Commercial Arbitration Court of Ukrainian Chamber of Commerce (“ICAC”)

B. Cases

B.1 Investment Disputes
B.2 Arbitration Disputes against Ukraine
B.3 Shares Sale and Purchase Agreement Is Not a "Corporate Relationship" under Ukrainian Law
B.4 Refusal to Recognize and Enforce an Arbitral Award against a Ukrainian Debtor for Failure of Notice
B.5 Ukrainian State Enforcement Service Refused to Enforce Arbitral Award against a Ukrainian Debtor on a Technicality

C. The Grant and Enforcement of Interim Measures in International Arbitration

C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures