21 March 2016 Ukraine signed the Hague Convention of 30 June 2005 on Choice of Court Agreements (2005 Choice of Court Convention) and the Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations.
Ukraine became a fifth signatory state of 2005 Choice of Court Convention.
2005 Choice of Court Convention entered into force on 1 October 2015 and is binding upon 29 parties, namely all EU member states, except Denmark, EU and Mexico.
“Accedence of Ukraine to 2005 Choice of Court Convention will extend the possibilities of enforcement of judgments of Ukrainian courts in civil and commercial matters in other jurisdictions, in particular in member states of the European Union. Moreover, this is an important step in the framework of the negotiation process between Ukraine and European Union to enforce para. 2 of Article 24 of Ukraine – European Union Association Agreement concerning the accession of Ukraine to Convention on jurisdiction and recognition and enforcement of judgments in civil and commercial matters, signed in Lugano on 30 October 2007”, – said Pavlo Petrenko.
The next step for Ukraine shall be a ratification of 2005 Choice of Court Convention. Then Ukraine could rise to the next level in openness and recognition of party autonomy in commercial activities when parties will have the possibility to choose state court, not arbitration, and Ukraine and other parties to 2005 Choice of Court Convention shall respect such choice.
Jurvneshservice partner doctor of laws Gennadii Tsirat analyzed 2005 Choice of Court Convention provisions in some publications, monography, and in his doctoral thesis. Here you can see the publications dedicated to jurisdiction and recognition and enforcement of foreign judgments.
