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A. LEGISLATION AND RULES A.1 Legislation Ukraine is a civil law country; thus, the issues of international arbitration are governed primarily by the following: Multilateral and bilateral international treaties, which, upon their ratification by the Verkhovna Rada of Ukraine (Parliament), have priority over domestic legislation Domestic legislation Court precedents are not considered to be a source of law in Ukraine; however, the courts of lower instances shall give due regard in their decisions to the…

On 24 October 2023, the Paris Court of Appeal delivered an influential decision for the international arbitration community[1]. It partially annulled an award that had condemned the Bolivarian Republic of Venezuela (“Venezuela”) for breaching the provisions set out in an investment treaty, in the light of public policy considerations and the meeting of the applicable standard. Background In 2001 and 2006, Serafin García R. Armas and his daughter, Karina García Gruber (“the investors”), bought shares…

On 14 July 2023, the English High Court denied the enforcement of an arbitral award (“Final Award”) rendered under the Judicial Arbitration and Mediation Services (“JAMS”) Arbitration Rules in San Francisco, California. The presiding judge, Mr Justice Bright, held that the Final Award was contrary to UK public policy as outlined under the Consumer Rights Act 2015 (“CRA”) and the Financial Services and Markets Act 2000 (“FSMA”). Factual Background The underlying dispute was between three…

On 9 March 2023, the German Federal Court of Justice (“BGH”) confirmed the decision of the Higher Regional Court of Koblenz to refuse recognition and enforcement of an arbitral award issued in Russia.[1] Among others, the BGH held that the Arbitral Tribunal exceeded its personal jurisdiction by extending an arbitration agreement to a de facto group of companies. In its decision, the BGH answered several highly relevant questions: Is the enforcement court bound by a…