How to Enforce Foreign Arbitral Awards in Ukraine - WAMR 2010 Vol. 4, No. 3

Yaroslav Petrov is an associate at Asters. Mr.
Petrov focuses on international arbitration,
commercial litigation, international trade, and
energy projects. He was admitted to the bar in
2009. Mr. Petrov is a national reporter for
KluwerArbitration.com, the World Arbitration
Reporter, published by Juris Publications.
Prior joining Asters, Mr. Petrov worked at Volkov & Partners,
Baker & McKenzie CIS Limited, CMS Cameron McKenna LLC, Shell
Ukraine Exploration and Production I LLC. Mr Petrov graduated
from Donetsk National University, Economics & Law Faculty
(LL.M in commercial law) (2006), Stockholm University (LL.M in
international arbitration) (2007), University of Nebraska at
Omaha (USA) (1 year course in international business and
management) (2004). He speaks Russian, Ukrainian, and English.

Oleksiy Demyanenko is an associate at Asters. Mr.
Demyanenko focuses on banking & finance,
capital markets and international arbitration.
Before joining Asters, Mr. Demyanenko worked as
a Junior Associate at Lexwell & Partners. He is the
winner of the 1st award of Asters’ Scholarship
Contest (2009) and the 2nd award of “2008 Kyiv
Mock Jury Trial Competition” organized by Leavitt Institute, USA.
Mr. Demyanenko speaks Russian, Ukrainian, and English.

Liudmila Dudnik is Lawyer at Dragon Capital, a
leading investment bank in Ukraine. Ms. Dudnik
focuses on corporate law, banking, finance and
capital markets. Prior to joining Dragon Capital,
Ms. Dudnik worked at Baker & McKenzie CIS
Limited in its real estate practice group, and at Asters Law Firm as
an Associate in its corporate and telecommunication law practice
group. Liudmila graduated from Taras Shevchenko National
University of Kyiv (LL.M.) (2010). She is fluent in Russian,
Ukrainian and English.

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Originally from World Arbitration And Mediation Review (WAMR)

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HOW TO ENFORCE FOREIGN ARBITRAL

AWARDS IN UKRAINE

Yaroslav Petrov, Oleksiy Demyanenko, and Liudmila Dudnik

I. INTRODUCTION

Most uncertainties associated with the enforcement of arbitral
awards in jurisdictions such as Ukraine are associated with
constraints imposed by the laws, regulations, and judicial and
administrative practices of those jurisdictions. In this Article, we
outline the process of enforcing arbitral awards in Ukraine
through empirical analysis of the Ukrainian courts’ judgments in
particular arbitration-related cases. This analysis shows that
Ukrainian judges sometimes reach surprising results in otherwise
straightforward cases. Although the New York Convention
greatly facilitates the enforcement of international arbitral
awards and ensures that enforcement and recognition are not
denied on substantive grounds, the specifics of recognition and
enforcement procedure are still regulated by national laws.
Hence, obtaining recognition and enforcement of international
arbitral awards is often not without obstacles and even pitfalls.
In Ukraine, the barriers to successful and timely enforcement
of a foreign arbitral award can quite often be politically
motivated, or attributed to the debtor’s connections with the
government or local administration, as well as direct influence on
the judiciary.

II. ENFORCEMENT PROCEDURE IN UKRAINE

A. Overview

A foreign arbitral award can be recognized and enforced in
Ukraine if (i) an international treaty ratified by the Ukrainian
Parliament provides for such recognition and enforcement; or (ii)
under the reciprocity principle. The fundamental principles of
Ukrainian law related to the recognition and enforcement of