Ukraine updates

Arbitration & ADR

Post-award interest recovery in Ukraine – is it possible?
  • Ukraine
  • January 12 2017

Post-award interest usually accrues between the date on which an arbitral award is issued and the date on which payment of the awarded amount is made. Ukrainian legislation does not address the concept of post-award or post-judgment interest and difficulties can thus arise. While Ukrainian case law regarding the recovery of post-award interest is controversial, there are options that make the recovery of such interest possible.

High court issues overview of case law relating to international arbitration awards – Part 2
  • Ukraine
  • September 08 2016

In early 2016 the High Specialised Court for Civil and Criminal Cases published an extensive overview of Ukrainian case law relating to the recognition, enforcement and challenge of international arbitration awards. This update discusses the jurisdiction of Ukrainian courts to consider applications for the setting aside of arbitral awards delivered by the International Commercial Arbitration Court and the Maritime Arbitration Commission.

High court issues overview of case law relating to international arbitration awards
  • Ukraine
  • June 30 2016

In early 2016 the High Specialised Court for Civil and Criminal Cases published an extensive overview of Ukrainian case law relating to the recognition, enforcement and challenge of international arbitration awards. The overview has been welcomed by lawyers, although certain interpretations and conclusions made by the court are far from radical.


Litigation

Presumption of joint spousal property in question
  • Ukraine
  • February 16 2016

In most circumstances, property acquired in the course of a marriage is jointly owned by both spouses. Joint spousal ownership of property has traditionally been automatically presumed by law in the absence of specific evidence to the contrary. However, recent Supreme Court rulings have abrogated this presumption, establishing certain criteria which must be met in order for joint spousal property rights to apply.


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