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On September 2, 2022, the Supreme Court of Ukraine had to decide whether the New York Convention applies to the enforcement of awards in Ukraine which had been issued in arbitration proceedings conducted under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”).[1] Factual background In the case decided by the Supreme Court, the Ukrainian investor Eugene Kazmin tried to avoid the enforcement of an ICSID cost award in…

UKRAINE Ihor Siusel, Kseniia Prokhur and Nataliya Lipska A. LEGISLATION AND RULES A.1       Legislation Ukraine is a civil law country, thus, the issues of international arbitration are governed primarily by (1) multilateral and bilateral international treaties which, upon their ratification by the Verkhovna Rada of Ukraine (Parliament), have priority over domestic legislation, and (2) domestic legislation. Court precedents are not considered to be a source of law in Ukraine, however, the courts of lower instances shall…

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…