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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 to the conclusions of law…

UKRAINE Ihor Siusel, Kseniia Pogruzhlska and Olesya Omelyanovich A. LEGISLATION AND RULES A.1 Legislation Ukraine is a civil law country, thus, the issues of international arbitration are governed primarily by (i) international treaties, both multilateral and bilateral, (which, upon their ratification by the Verkhovna Rada of Ukraine (Parliament), have priority over domestic legislation) and (ii) domestic legislation. Court precedents are not considered to be the source of binding law in Ukraine, however, the courts of lower…

In two, almost identical decisions rendered on 27 March 2014 (decisions 4A_362/2013 and 4A_448/2013) the Swiss Federal Supreme Court held that reliance by an arbitral tribunal on illegally obtained evidence (in casu, a video recording) does not necessarily violate procedural public policy. Both cases relate to a 2008 match-fixing scandal involving two Urkainian football clubs, FC Karpaty Lviv (“Karpaty”) and FC Metalist Kharkiv (“Metalist”). Metalist won the match 4-0. One of Karpaty’s best players scored an…