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…
A. LEGISLATION AND RULES A.1 Legislation Ukraine is a civil law jurisdiction; thus, the issues of international arbitration…
A. LEGISLATION AND RULES A.1 Legislation Ukraine is a civil law country; thus, the issues of international arbitration…
On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU”) under case file no. C-741/19[1] (“Opinion”) in favour of the CJEU’s jurisdiction over a request for preliminary ruling to interpret the Energy Charter Treaty (“ECT”) in a case concerning two non-EU parties. Furthermore, the Advocate General presented its view that the offer to arbitrate in the ECT should be considered incompatible with EU…
UKRAINE Ihor Siusel, Kseniia Prokhur and Nataliya Lipska A. LEGISLATION AND RULES A.1 Legislation Ukraine is a civil…
UKRAINE Ihor Siusel and Kseniia Pogruzhlska A. LEGISLATION AND RULES A.1 Legislation Ukraine is a civil law country,…
The Ukrainian Supreme Court ruled in September 2018 on recognition and enforcement of the emergency arbitral award (the “Emergency Award”) rendered under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Rules”) in JKX Oil & Gas plc et al v. Ukraine case. The respective decision is remarkable for international legal and business community for being the first case in Ukraine, where the Supreme Court considered the issue of…
In two, almost identical decisions rendered on 27 March 2014 (decisions 4A_362/2013 and 4A_448/2013) the Swiss Federal Supreme…