Recognition and Enforcement of ICAC at the UCCI Arbitral Awards in Switzerland: A Guide for Foreign Creditors 2025

Scenario: You have successfully obtained an arbitral award from the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC). The debtor is located in Switzerland. How do you enforce the award? What legal steps are involved? Is enforcement in Switzerland feasible and reliable?

This guide offers practical answers for legal professionals and in-house counsel dealing with cross-border enforcement.

Both Ukraine and Switzerland are contracting states to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Switzerland applies the Convention directly without additional legislative implementation.

Article 194 of the Swiss Private International Law Act (PILA) refers to the Convention but has declaratory status.
Awards are recognized as international obligations, not merely foreign judgments.

Bottom line: ICAC awards are enforceable in Switzerland under international treaty obligations.

• New York Convention (1958)
• Article 194 PILA
• Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA)
• Swiss Civil Procedure Code (ZPO)
• Relevant case law and legal doctrine

Swiss courts do not re-examine the merits of an arbitral award.
Grounds for refusal are interpreted narrowly and restrictively.
Courts may uphold enforcement even in the presence of formal deficiencies (e.g., SFSC 5A_1046/2019).
When multiple international treaties apply, Swiss courts prioritize the one that facilitates enforcement (e.g., SFSC 4A_95/2021).

Under Swiss legal doctrine, limitation periods are considered substantive law issues. This means:
If Ukrainian law governs the underlying obligation, Article 475 of the Ukrainian CPC applies.
The limitation period to seek enforcement is 3 years from the date the award becomes binding.

Step 1: File a request for debt enforcement with the Betreibungsamt (Debt Enforcement Office) where the debtor is domiciled:
– Filing fee: CHF 400 for claims exceeding CHF 1 million
– Amount must be stated in Swiss francs (converted at current rate)

Step 2: The debtor receives a payment order (Zahlungsbefehl).

Step 3: If the debtor does not object, enforcement continues automatically.

Step 4: If the debtor files an objection (Rechtsvorschlag):
– Apply for a court order to lift the objection (Rechtsöffnung)
– Court fee: CHF 2,000
– Simplified procedure applies
– The court only reviews formal conditions under the New York Convention — not the merits of the dispute

❗ Swiss courts will only refuse enforcement based on the exhaustive list in Article V of the New York Convention:
– Invalid arbitration agreement
– Lack of proper notice
– Irregular tribunal composition or procedure
– Award not yet binding or annulled at the seat
– Public policy violation in Switzerland

📌 Even if a ground exists, Swiss courts may exercise discretion and still permit enforcement if the violation is not material.

Enforcement of Ukrainian arbitral awards in Switzerland is practical, realistic, and structured.
Legal grounds for refusal are clearly defined and applied restrictively.
Swiss courts are arbitration-friendly and predictable.

💼 Recommendation: Initiate enforcement within the applicable statute of limitations period.

📩 Need support with enforcement in Switzerland? Jurvneshservice has hands-on experience assisting international clients in cross-border arbitration enforcement. Contact us today.

✉ Email: kyiv@jvs.law
📞 Phone: +380 (67) 465-77-73