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Print articleGlobal Arbitration Review - Invitation for New Series - Commercial Arbitration Know-How 2023: Ukraine
July, 2023 - Markiyan Kliuchkovskyi, Oleksandr Volkov, Oleksii Izotov
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1 Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations? Yes, Ukraine is a party to the New York Convention. It was ratified in 1960 by the Ukrainian Soviet Socialist Republic (SSR) (as a part of the former Soviet Union). Following the declaration of independence in 1991, Ukraine confirmed its obligations under all international treaties entered into by the Ukrainian SSR, including the New York Convention. Upon ratification of the Convention, Ukraine made a declaration to the effect that the Convention will apply to foreign arbitral awards rendered in the territory of non-contracting states only based on the principle of reciprocity. Moreover, in 2015, following the occupation of Ukrainian territories by the Russian Federation, Ukraine also issued a notification to the effect that Ukraine does not guarantee the application of the Convention in relation to occupied territories and other territories over which Ukraine does not exercise its control.
2 Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards? Yes, Ukraine is also a party to the European Convention on International Commercial Arbitration 1961, having ratified it in 1963 without any declarations or reservations, or both. However, this Convention has gained limited application in Ukraine, since the courts primarily rely on the provisions of the New York Convention.
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1 Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations? Yes, Ukraine is a party to the New York Convention. It was ratified in 1960 by the Ukrainian Soviet Socialist Republic (SSR) (as a part of the former Soviet Union). Following the declaration of independence in 1991, Ukraine confirmed its obligations under all international treaties entered into by the Ukrainian SSR, including the New York Convention. Upon ratification of the Convention, Ukraine made a declaration to the effect that the Convention will apply to foreign arbitral awards rendered in the territory of non-contracting states only based on the principle of reciprocity. Moreover, in 2015, following the occupation of Ukrainian territories by the Russian Federation, Ukraine also issued a notification to the effect that Ukraine does not guarantee the application of the Convention in relation to occupied territories and other territories over which Ukraine does not exercise its control.
2 Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards? Yes, Ukraine is also a party to the European Convention on International Commercial Arbitration 1961, having ratified it in 1963 without any declarations or reservations, or both. However, this Convention has gained limited application in Ukraine, since the courts primarily rely on the provisions of the New York Convention.
Read More.
