If you’re a foreign party holding an international arbitral award and considering enforcement in Ukraine, you might wonder: will the Ukrainian courts recognize and enforce it without unnecessary obstacles?
The answer is: yes — and with a high level of legal certainty. Ukraine is a contracting state to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”), and its principles are fully embedded in Ukrainian procedural law and judicial practice.
Key Reasons You Can Rely on Enforceability in Ukraine
✅ Equal Procedural Treatment for Foreign Awards
Foreign arbitral awards enjoy the same procedural treatment as domestic court judgments.
• The enforcement procedure is not burdensome and is governed by the Civil Procedure Code of Ukraine.
• Court fees are minimal and not linked to the award amount, which makes the process accessible and cost-effective.
✅ Limited Court Interference
Ukrainian courts adhere to the principle of non-intervention, reflecting Article V of the New York Convention.
The Civil Procedure Code allows judicial review only in narrowly defined procedural circumstances, such as:
• Alleged invalidity of the arbitration agreement
• Serious procedural violations during arbitration
• Lack of jurisdiction of the arbitral tribunal
These grounds are exhaustive and cannot be expanded through judicial discretion.
✅ Judicial Support for Arbitration
Ukrainian courts recognize arbitration as an effective dispute resolution mechanism and provide institutional support, including:
• Issuance of interim measures
• Assistance in the appointment of arbitrators (if one party refuses to participate)
• Court-assisted collection of evidence
✅ Finality of Arbitral Awards
Arbitral awards are final and binding under Ukrainian law.
They are not subject to appeal, cassation, or review on the merits — unlike court judgments.
Awards may only be challenged under strictly limited procedural grounds (e.g., lack of impartiality, excess of authority, due process violations).
✅ Binding Force of Foreign Awards
Ukraine recognizes arbitral awards as binding and enforces them regardless of the country in which they were rendered.
This is explicitly enshrined in Article III of the New York Convention and incorporated into Ukrainian legislation.
The grounds for refusal to enforce an award are identical to those listed in the Convention and are interpreted restrictively by Ukrainian courts.
✅ No Reciprocity Requirement
Unlike the enforcement of foreign court judgments, reciprocity is not required for enforcing foreign arbitral awards in Ukraine.
This follows the Convention’s principle that awards must be recognized and enforced regardless of their country of origin.
🔚 Conclusion
Foreign arbitral awards are routinely enforced in Ukraine in line with international standards. Ukrainian courts demonstrate a pro-arbitration approach, and the legal framework provides both predictability and procedural safeguards.
📩 Still have questions or concerns? Contact our team — we’ll guide you through the enforcement of your arbitral award in Ukraine.
✉ EmaiL: kyiv@jvs.law
📞 Phone: +38 (067) 465-77-73
