Ukraine - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Svitlana Romanova is a Partner in Baker & McKenzie’s Kyiv office. Ms. Romanova routinely advises clients on various legal concerns involving natural resources, mining, oil and gas, as well as in related infrastructure and environmental projects. A member of the Ukrainian Bar Association, she has authored a number of publications on the regulation of the power and mining industries in Ukraine, and is a frequent contributor of articles on dispute resolution issues for major Ukrainian business publications.

Olga Shenk is an Associate in Baker & McKenzie’s Kyiv office, and a member of the Firm’s Global Dispute Resolution, Energy, Mining & Infrastructure, IT/Communications, Mergers & Acquisitions and Employment Practice Groups.

Kseniia Pogruzhalska is a Legal Clerk in Baker & McKenzie’s Kyiv office and a member of the Firm’s Dispute Resolution Practice Group.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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UKRAINE
Svitlana Romanova, Olga Shenk, and Kseniia Pogruzhalska

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 precedent is not considered to be a source of binding law in Ukraine, except for decisions of the Supreme Court of Ukraine made in cases regarding the different application by cassation courts of the same material law provision.

Ukraine is a party to the New York Convention and the European Convention. Ukraine is also a party to a number of bilateral investment treaties, many of which provide for arbitration under the UNCITRAL Arbitration Rules or before ICSID.

Table of Contents:

UKRAINE
Svitlana Romanova, Olga Shenk, and Kseniia Pogruzhalska

A. Legislation, Trends and Tendencies
A. 1 Introduction
A.2 Short Overview of Ukranian Legislation regarding Arbitration
A.3 Recently Adopted Ukranian Legislation regarding Arbitration - Corporate Disputes May Not Be Subject to International Commercial Arbitraion
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 Due to Technicality
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy