Expert Witness on Ukrainian Law
An arbitral tribunal issues a procedural order requiring expert evidence on whether a Ukrainian corporate resolution was validly adopted under mandatory law. A London court directs the parties to instruct a Ukrainian law expert on the enforceability of a bilateral investment treaty obligation. A US court needs to understand whether a Ukrainian limitation period has expired under a contract governed by Ukrainian law — and the expert must be prepared for deposition and cross-examination.
Expert evidence on Ukrainian law is a procedural requirement in cross-border litigation and international arbitration whenever Ukrainian law governs the substance, affects enforceability, or determines the validity of a key transaction element. Jurvneshservice lawyers have been appointed as Ukrainian law experts in proceedings before the Permanent Court of Arbitration in The Hague, the High Court of Justice in London, courts in the United States, Switzerland, Austria, and the Netherlands. This practice forms part of our broader offering in legal opinions and expert witness reports.
Ukrainian law as a question of fact — procedural context
When a dispute or transaction involves Ukrainian law, foreign courts and arbitral tribunals cannot apply it ex officio — they require expert evidence. The procedural framework depends on the forum:
- English courts (CPR Part 35) — the expert owes a duty to the court, not to the instructing party. The report must contain a statement of truth and disclose instructions. Single joint experts may be ordered. Hot-tubbing (concurrent expert evidence) is increasingly common
- US courts (Federal Rules of Evidence, Rule 44.1) — Ukrainian law is determined as a question of law, but proof is typically through expert testimony. The expert may submit a declaration or affidavit and testify at deposition or trial
- International arbitration (IBA Rules on Evidence, Art. 5-6) — party-appointed experts submit written reports. The tribunal may order a rebuttal round, a joint expert conference, or appoint its own expert. Cross-examination occurs at the hearing
- Civil law jurisdictions (Switzerland, Austria, Netherlands) — the court may appoint an expert or accept party-appointed experts. Written opinions predominate, with limited oral questioning
This practice covers expert witness testimony — written reports, oral testimony, and cross-examination before foreign courts and arbitral tribunals. For transaction-related legal opinions (capacity, enforceability, security validity) → Independent Legal Opinions.
Scope of services
Expert appointment and engagement
- Appointment as Ukrainian law expert — by parties, tribunals, or jointly
- Conflict check and independence verification
- Compliance with procedural rules of the instructing forum
- CPR Part 35, IBA Rules, Federal Rules, institutional arbitration rules
- Engagement terms, scope agreement, and fee estimate
Written expert reports
- First expert reports on questions of Ukrainian law
- Responsive and reply reports addressing the opposing expert
- Supplementary reports on additional questions during proceedings
- Joint expert statements — agreed and disputed issues
- Annexes with Ukrainian legislation, court decisions, and doctrine
Oral testimony
- Cross-examination before courts and arbitral tribunals
- Deposition testimony in US proceedings
- Hot-tubbing (concurrent expert evidence) in English courts
- Testimony via video link where permitted
- Post-hearing supplementary clarification for tribunals
Corporate and contract law
- Validity of shareholder resolutions and director authority
- Mandatory governance rules and shareholder remedies
- Contract formation, validity, penalties (Art. 551 Civil Code)
- Limitation periods and mandatory rules
- CISG applicability and interaction with Ukrainian law
Investment protection and treaties
- Bilateral investment treaties — obligations and protections
- Energy Charter Treaty — investment protection framework
- Expropriation, fair and equitable treatment under Ukrainian law
- Regulatory screening and foreign investment restrictions
- State responsibility and sovereign immunity questions
Enforcement and private international law
- Recognition and enforcement of foreign judgments in Ukraine
- Enforcement of foreign arbitral awards — public policy grounds
- Choice of law under Ukrainian PIL Act (2005)
- Party autonomy, mandatory rules, and public policy
- Aviation law — aircraft registration, security interests, Cape Town
Work algorithm
We deliver expert evidence as a structured engagement — from conflict check through report delivery to oral testimony.
Step 1 — Conflict check and scope. Upon receiving instructions, we conduct a conflict check and review the proposed questions. We confirm availability, timeline, compliance with the procedural rules of the forum, and provide a fee estimate.
Step 2 — Materials review. We review all relevant materials — pleadings, contracts, correspondence, prior expert reports — to understand the factual context and identify the specific Ukrainian law issues requiring analysis.
Step 3 — Legal research. We conduct comprehensive research — current legislation, amendments, judicial practice of Ukrainian courts (including Supreme Court), and doctrinal commentary. Where practice is inconsistent or evolving, we present the range of positions.
Step 4 — Report drafting. We draft the expert report in the format required by the forum — qualifications, statement of instructions, methodology, analysis, conclusions, and annexes with source materials. For English courts, we include a CPR Part 35 statement of truth.
Step 5 — Responsive round. After reviewing the opposing expert report, we prepare a responsive report addressing points of disagreement. Where appropriate, we participate in a joint expert conference and prepare a joint statement.
Step 6 — Oral testimony. We testify before the tribunal or court — examination-in-chief, cross-examination, and re-examination. In US proceedings, we attend depositions. We prepare thoroughly for cross-examination on methodology, sources, and conclusions.
Step 7 — Post-hearing support. Where the tribunal requests supplementary clarification or additional analysis after the hearing, we remain available and can assist instructing counsel with Ukrainian law submissions.
Who we work with
We are instructed as Ukrainian law experts by international law firms, arbitral tribunals, and foreign courts. Our role is strictly that of an expert — we do not act as counsel in the proceedings where we serve as expert.
Our instructing parties include:
- International law firms (Magic Circle, US BigLaw, European full-service) requiring Ukrainian law expert evidence
- Arbitral tribunals (ICC, SCC, VIAC, PCA, LCIA, ad hoc) appointing or receiving Ukrainian law experts
- Foreign courts (United States, United Kingdom, Switzerland, Austria, Netherlands) requiring expert evidence
- In-house legal teams of multinational corporations involved in disputes with Ukrainian elements
- Sovereign parties and state entities in investment treaty arbitration involving Ukraine
Typical engagements:
- A London law firm instructs a Ukrainian law expert for investor-state arbitration at PCA involving BIT claims — we provide expert testimony on Ukrainian investment protection law and regulatory framework
- A US law firm needs a Ukrainian law expert for federal court proceedings involving a Ukrainian subsidiary — we prepare an expert declaration on corporate law and testify at deposition
- An arbitral tribunal at SCC appoints a Ukrainian law expert on enforceability of a contractual penalty — we prepare an independent report for the tribunal
- An Austrian law firm instructs a Ukrainian law expert for VIAC proceedings — we prepare a report on Ukrainian enforcement law and public policy
- A London court orders concurrent expert evidence on Ukrainian corporate governance — we participate in hot-tubbing alongside the opposing expert
Key experts
Doctor of Laws — Expert witness in PCA (The Hague), SCC (AMTO v. Ukraine), US, UK, Swiss, Austrian, and Dutch courts. Investment treaty, corporate, aviation, and enforcement law
Doctor of Laws — Expert witness in High Court of Justice (London), Austrian courts. Arbitrability, public policy, enforcement law. Author, Civil Procedure in Ukraine (Kluwer)
PhD in Law — Expert report preparation for High Court (London, QBD Commercial Court) and PCA (The Hague). Choice of law, Hague Principles, enforcement
FAQ: Expert Witness on Ukrainian Law
What is the difference between a party-appointed expert and a tribunal-appointed expert?
A party-appointed expert is instructed by one side and provides evidence supporting that party’s position on Ukrainian law — but still owes a duty of independence and accuracy. A tribunal-appointed expert receives questions directly from the tribunal and reports without advocacy for either party. Our lawyers have served in both capacities and maintain strict independence regardless of who appoints them.
Can the same firm act as both counsel and expert in the same proceedings?
No. When we serve as expert witness, we do not act as counsel in the same proceedings. The roles require different obligations — counsel advocates, the expert assists the tribunal. If you need both Ukrainian counsel and a Ukrainian law expert, we can recommend arrangements that maintain independence.
In which languages can your experts prepare reports and testify?
Our experts prepare reports and testify in English. Anna Tsirat and Kateryna Tsirat are fluent in English and have delivered expert evidence in English-language proceedings across multiple jurisdictions. Where the forum requires Ukrainian or Russian language submissions, we provide those as well.
What qualifications do your experts have?
Our experts hold doctoral degrees (Doctor of Laws and PhD) from Taras Shevchenko National University of Kyiv. They have published in Kluwer Law International, peer-reviewed Ukrainian journals, and international legal publications. They combine academic credentials with over 25 years of practice in Ukrainian courts and international arbitration — a combination that courts and tribunals consistently accept as sufficient qualification.
How long does it take to prepare an expert report?
A first expert report typically requires two to four weeks from the date of instruction, depending on complexity and the volume of materials. Responsive reports require one to two weeks after receipt of the opposing expert report. We accommodate urgent court-imposed deadlines — we have delivered reports within days when required.
What does an expert report cost?
Fees depend on the number and complexity of questions, the volume of materials, and whether oral testimony is required. We provide a fixed-fee estimate after reviewing the proposed scope of instructions. For tribunal-appointed engagements, fee arrangements follow the tribunal’s directions.
Related practices
Need a Ukrainian law expert for your proceedings?
We will confirm availability, conduct a conflict check, and provide a scope and fee estimate — typically within 24 hours.
