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Ukraine – arbitration-friendly jurisdiction. Stockholm

Arbitration Institute of the Stockholm Chamber of Commerce

There are not many cases in public domain which may help us to determine all significant issues of recognition and enforcement of the awards of this world-renowned arbitration institution.

In case No. 22/200 the economic court of Donetsk Region adopted decision on 13.01.2010 on termination of the consideration of case since the parties agreed to arbitrate in “Arbitration Court of Stockholm” (not the Arbitration Institute of the Stockholm Chamber of Commerce (SCC)). Thus, you may think that Ukrainian courts are liberal in their attitude to such details as the name of an arbitration institution.

stockholm Ukraine   arbitration friendly jurisdiction. Stockholm


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Ukraine - arbitration-friendly jurisdiction

There are countries whose legal system is very friendly to arbitration. Though Ukraine is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards  1958 for a long time, we may find the statements of reputable lawyers that Ukrainian court system is not friendly to arbitration.

There are no grounded arguments against the Ukrainian arbitration legislation. Ukraine is a UNCITRAL Model Law country and a member of all major international arbitration treaties. Its International Arbitration Law was drafted based on the UNCITRAL Model Law. The main issue which created Ukraine the reputation of a country unfriendly to arbitration is the disputable practice of recognition and enforcement of arbitration awards by Ukrainian courts.

Herewith we start the discussion whether Ukrainian court system is friendly to arbitration. However, we will share the information concerning the court “attitude” to a particular arbitration institution (LCIA, SCC, ICC, etc.) so that you can have the full picture on what arbitration forums are “in respect” of Ukrainian courts. We will provide you with the details of the descision so that you can apply the court practice properly.

(c) by International arbitration blog