Latest updates

Post-award interest recovery in Ukraine – is it possible?
  • Arbitration & ADR
  • 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
  • Arbitration & ADR
  • 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
  • Arbitration & ADR
  • 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.

Presumption of joint spousal property in question
  • Litigation
  • 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.

High Specialised Court rules on effects of assignment of benefit of arbitral award
  • Arbitration & ADR
  • Ukraine
  • October 22 2015

The High Specialised Court for Civil and Criminal Matters has issued a decision which confirms that an application for recognition and enforcement of an arbitral award can be served only by the original claimant that took part in the arbitration proceedings. This was the first case brought before the court regarding the specific right of an assignee to seek recognition and enforcement of an award in Ukraine.

Applying for new merger control amnesty
  • Competition & Antitrust
  • Ukraine
  • October 01 2015

The Anti-monopoly Committee of Ukraine (AMC) recently approved regulations providing for a merger control amnesty in Ukraine. This means that if an undertaking has previously failed to obtain merger control approval for a transaction – whether domestic or foreign – then for a one-year period, starting from September 15 2015, the undertaking may apply to the AMC to obtain approval and face a minimal fine.

Supreme Court declares that entrepreneur's property jointly belongs to spouse
  • Litigation
  • Ukraine
  • August 11 2015

In a recent case the Supreme Court found that a private entrepreneur's property jointly belonged to his spouse and could become subject to division if the couple were to divorce. However, there is no consistency in the courts on this matter, which creates a serious risk of challenges to contracts that are concluded by entrepreneurs or private enterprise owners without spousal consent.

State involvement in commercial arbitration: where is the line drawn?
  • Arbitration & ADR
  • Ukraine
  • July 16 2015

The involvement of state bodies in international commercial arbitration remains a pressing issue worldwide. A recent case in which the state prosecutor's office attempted to bypass an arbitration agreement and challenge before the courts a commercial contract signed by a state-owned company provides guidance on preventing unreasonable attempts of the state to interfere with ordinary business activities.

Competition concerns arising from parallel imports in pharmaceutical market
  • Competition & Antitrust
  • Ukraine
  • July 02 2015

The removal of obstacles to parallel imports has traditionally been the primary enforcement activity conducted by the EU authorities in the pharmaceutical sector. In light of the Ukrainian Anti-monopoly Committee's recent investigation of the pharmaceutical market, it is worth considering whether the same approach should be taken in Ukraine.

Jurisdictional immunity in Ukraine
  • Litigation
  • Ukraine
  • April 21 2015

Ukraine has historically adhered to the classical absolute jurisdictional immunity doctrine. Thus, all foreign states are immune from the jurisdiction of Ukrainian courts, unless such states provide express consent to Ukrainian jurisdiction. However, a new legislative initiative – if passed – will shift the Ukrainian approach to jurisdictional immunity from absolute to restrictive.

Trademark infringement finding results in transfer of domain names to mark owner
  • Litigation
  • Ukraine
  • March 31 2015

The Kiev Commercial Court has held that use of the domain names 'vilpe.com.ua' and 'vilpe.net.ua' and the signs VILPE and VILPE INNOVATIVE AND EASY on the corresponding websites infringed the trademark rights of SK Tuote OY. The court ordered the local domain name registrar – a co-defendant in the matter – to reassign the domain names to the trademark owner, despite no explicit provision for this under Ukrainian law.

In focus: trends and best practices in Ukrainian competition law
  • Competition & Antitrust
  • Ukraine
  • February 26 2015

Despite the difficult economic situation in Ukraine, competition law enforcement has developed significantly over the past few years, with more cartel investigations, greater control over dominant undertakings and a significant increase in monetary penalties. However, certain further steps still need to be taken.

'Adjustment' of justice in Anti-terrorist Operation Zone
  • Litigation
  • Ukraine
  • December 23 2014

Since access to justice is a paramount right of individuals and entities, and should be ensured even within the Anti-terrorist Operation (ATO) Zone of eastern Ukraine, the government has issued legislative amendments in an attempt to secure the administration of justice by those courts within the ATO Zone which are physically precluded from operation.

Administration of justice in Crimean deadlock
  • Litigation
  • Ukraine
  • November 04 2014

Legal entities and individuals in Ukraine are legally protected from the jurisdiction of Russian-Crimean courts. However, defendants in Russian-Crimean court proceedings should consider the practical implications, especially if they own property in Crimea or Russia. This update considers the risks of ignorance of Russian-Crimean court proceedings and the legal status of Ukrainian court decisions in Russian Crimea.

New rules, old regulators
  • White Collar Crime
  • Ukraine
  • October 06 2014

Parliament recently introduced legislative amendments which establish a new procedure and grounds for inspections of business entities by regulatory authorities. The new procedure will undoubtedly reduce the number of illegal and groundless inspections of businesses and thus help to curb corruption among government authorities. However, the changes will bring few improvements to the country's economic climate.

Features of post-M&A disputes in agribusiness
  • Corporate Finance/M&A
  • Ukraine
  • September 17 2014

A specific feature of Ukrainian agribusiness is the formation of major agricultural holdings comprising a significant amount of smaller companies incorporated both in Ukraine and abroad. These smaller companies are often the main holders of the business's assets. Before concluding an M&A contract, parties must be well informed as to the kind of assets with which they are entering into the deal.

Recent banking developments in light of Crimean conflict
  • Banking
  • Ukraine
  • August 01 2014

In light of the ongoing Crimean conflict, the National Bank of Ukraine has issued a regulation which terminates relations between mainland Ukrainian banks and Ukrainian and foreign banks located in Crimea. Parliament has also passed a law establishing the Crimea Free Economic Zone, which imposes a number of conditions and restrictions on banking operations in Crimea.

New legislative initiative establishes the Crimea Free Economic Zone
  • International Trade
  • Ukraine
  • July 11 2014

Parliament recently adopted a law establishing the Crimea Free Economic Zone. Among other things, the law provides that the supply of goods and the provision of services across the administrative border of the Free Economic Zone will be considered import/export transactions, and will be subject to both full import duties and tariff and non-tariff barriers.

Crimean deadlock: judicial protection, recognition and enforcement
  • Litigation
  • Ukraine
  • June 24 2014

Judicial power is one of the primary displays of national sovereignty. The question as to which state's courts – those of Ukraine or Russia – have jurisdiction to adjudicate Crimean disputes is centred on the inter-state territorial dispute over Crimea. This dispute is unlikely to be resolved in the near future. Parties are thus advised to take a vice versa approach when seeking judicial protection in Crimean disputes.

Crimean conflict prompts significant adjustments to court system
  • Litigation
  • Ukraine
  • April 15 2014

Without prejudice to the Ukrainian government's official position on Crimea – in particular, its non-recognition of Crimea's independence and subsequent accession to the Russian Federation – Ukrainian state authorities have de facto been prevented from operating on the peninsula. As such, the Ukrainian Parliament has proposed a temporary adjustment of territorial jurisdiction for disputes in Crimea and Sevastopol.