International arbitration News, analytics and practice

24Sep/120

What are the reasons for refusing the enforcement of arbitral awards in Ukraine?

Ukrainian local common courts rarely refuse to grant the leave for enforcement of arbitral award (about 10% of the requests in 2011 and 6% of the requests in 2012). This statistics was presented in the research paper “Ukraine. Arbitration-friendly jurisdiction: 2011-2012 statistical report”.

The most common reason for refusal to enforce arbitral awards in 2011-2012 were the following:Enforcement Arbitral Awards What are the reasons for refusing the enforcement of arbitral awards in Ukraine?

- the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;
- the arbitral award is set aside on the date of requesting its enforcement;
- the arbitral procedure was not in accordance with the agreement of the parties.

Among the cases of refusal to enforce awards in 2011 were those grounded with the fact that the debtor is in bankruptcy.

The research paper is available for download here: Arbitration in Ukraine pdf

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