Ukraine - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Author(s):

Svitlana Romanova

Nataliya Demir

Taras Aleshko

Page Count:

20 pages

Media Description:

PDF from Baker & McKenzie International Arbitration Yearbook: 2010-2011

Published:

April, 2011

Author Detail:

Svitlana Romanova is a Partner in the Baker & McKenzie office in Kiev. 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 power and mining
industries in Ukraine, and is a frequent contributor of articles on dispute
resolution issues for major Ukrainian business publications.

Nataliya Demir is an Associate in the Kyiv office of Baker & McKenzie, and a
member of the Firm’s Global Dispute Resolution and Financial Restructuring and
Insolvency Practice Groups.

Taras Aleshko is an Associate in the Kyiv office of Baker & McKenzie, and a
member of the office’s Corporate M&A, Oil & Gas and Dispute Resolution
Practice Groups.

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Description:

Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

UKRAINE
Svitlana Romanova,1 Nataliya Demir2 and Taras Aleshko,3 Kyiv
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.
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:

A. Legislation, Trends and Tendencies A. 1 Introduction A.2 Short Overview of Ukrainian Legislation regarding Arbitration A.2.1 Arbitrability A.2.2 Interim measures A.2.3 Court assistance in taking evidence A.2.4 Setting aside arbitral awards A.2.5 Recognition and enforcement A.2.6 Public policy 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. Insolvency Issues in Arbitration C.1 Bankruptcy of a Ukrainian Debtor C.2 Initiation of Bankruptcy of Ukrainian Debtor on Basis of Arbitral Award