Recognition and enforcement of foreign arbitration awards. Legislative changes

3 мая 2019 г.: en 220 марта 2019 г.: en 131 июля 2019 г.: en 1 всего: 6 26.04.10

Recognition and enforcement of foreign arbitration awards. Legislative changes

      The Law of Ukraine No. 1837-VI “On Amendments to Legislation in respect of International Private Law” dated January 21, 2010 became effective on February 16, 2010. The amendments, inter alia, introduced a new wording of Article 390 of the Civil Procedural Code of Ukraine:

Article 390. Conditions of Recognition and Enforcement of Judgments of Foreign Courts which are Subject to Mandatory Enforcement


      1. A judgment of a foreign court (court of a foreign state; other competent bodies of the foreign states being competent to hear civil or commercial cases; foreign or international arbitration) is recognised and enforced in Ukraine, if its recognition and enforcement is provided by the international agreement ratified by the Verkhovna Rada of Ukraine or on the basis of the principle of reciprocity.

      2. In case the recognition and enforcement of a foreign judgment depends on reciprocity principle it is deemed to exist unless the contrary is proved”.
      The foregoing changes restored the regime existing since 2002 to 2005 during the validity of the Law of Ukraine No. 2860-III “On Recognition and Enforcement of Foreign Court Judgments in Ukraine” dated November 29, 2001 according to which awards of foreign or international arbitration were identical to judgments of a court of a foreign state. Accordingly, today foreign/international arbitral awards shall be recognized and enforced within the territory of Ukraine under the rules of the civil procedure legislation provided for judgments of foreign courts. Thus, the uncertainty between the competence of civil and commercial courts as applicable to recognition of foreign arbitration awards most probably has been finally solved in favour of the civil courts.

      Moreover, the introduced amendments as for recognition “of judgments of foreign courts under the principle of reciprocity that is deemed to exist unless the contrary is proved” seemed to be a real breakthrough in the Ukrainian international private law. If they have been approved by the court practice, court judgments of any foreign states shall be enforced in Ukraine irrespectively to existence of corresponding international treaties of Ukraine.

  • Interlegal lawyers represent successfully the Client’s interests upon bankruptcy case proceedings2020.10.15

    Interlegal Client found out that its Debtor initiated independently bankruptcy case proceedings. Interlegal lawyers got involved upon expiry...

    show more
  • Mission possible: to release vessel with cargo on board within 3 days2020.10.06

    In high-peak trading season, each trader is focused on fulfilling its obligations as the counteragent, having completely forgotten that the...

    show more
  • Lawfulness of bunkering operations outside the 12-mile zone2020.10.01

    The Client filed a request to Interlegal concerning law regulations of bunkering operations outside the 12-mile zone. Interlegal law team...

    show more
  • Shareholder Agreement for new business setup2020.09.30

    The Client filed a request to Interlegal for legal support in business setup jointly with his new partner. Main task for Interlegal team...

    show more
  • Debt recovery under LMAA award. Act III: final stage2020.09.28

    We are glad to inform that Interlegal team has completed proceedings on debt recovery from the vessel owner who failed to refund to our Clie...

    show more
  • Interlegal team won GAFTA Arbitration under the dispute concerning short-payment for goods by the Swiss company2020.09.28

    Interlegal completed successfully GAFTA Arbitration under the dispute concerning short-payment for corn supplied on DAP terms, Chernomorsk S...

    show more
  • Interlegal lawyers succeeded in dispute settlement between the Shipowner and the Charterer2020.09.03

    The Client applied to Interlegal upon the issue of shipowner’s potential bringing to responsibility for non-performance of the Charter Party...

    show more
  • Interlegal won the court dispute against large state-owned stevedore2020.09.08

      The Client – port operator – applied to Interlegal for due diligence of one of state-owned stevedores. Such due dil...

    show more
  • Discharge of cargo residues and washwater: instruments of legal defense for Interlegal client2020.09.04

      Since the State Enterprise “Ukrainian Sea Ports Authority” (USPA), jointly with other governmental bodies (such as the State Borde...

    show more
  • Interlegal defended interests of “thyssenkrupp Materials Trading GmbH” in Court of Appeal of Donetsk2020.09.03

    Recently, in Court of Appeal of Donetsk there was a hearing of a case concerning an appeal against the ruling of Kramatorsk Town Court of Do...

    show more