Business support in Ukrainelegal, accounting and staff accounting support of business, consultation of the lawyer, accountant and staff accountantRepresentation of individuals interestsdivorce, alimony, property division, reinstatement of employment, etc.
Drafting and analysis of contracts and other legal documentsdrafting and analysis of sales-purchase (delivery) agreements, services and works provision agreements, rent and subrent agreements and otherLitigation support of legal entities and individualslegal representation in economic, administrative, general courts, courts of all instances (local, appeal, courts of cassation) and at the Supreme Court of Ukraine
Support of cooperation with banksregistration of loan agreements with non-residents, using of documentary operations, etc.Debt recovery through legal proceedingrecovery of debt from legal entities and individuals at all stages: pre-trial, trial, executive
Registrationregistration of legal entities and private entrepreneurs, trademarks, public associationsRepresentation in the ICAC at the UCCIrepresentation in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine
Liquidation (termination)termination of legal entity by means of liquidation, termination (liquidation) of private entrepreneursConfession and enforcement of foreign courts’ judgementsconfession and enforcement of foreign court's judgement at and out of the territory of Ukraine

Confession and enforcement of International Commercial Arbitration Courts’ judgements

 For parties providing foreign economic activity it’s rather often not enough to obtain the positive International Commercial Arbitration Court’s judgement. The result as well depends a lot on the procedure of confession and enforcement of such court’s judgement on the territory of the appropriate country.

 Confession and enforcement of International Commercial Arbitration Courts’ judgements  on the territory of Ukraine are regulated by the following laws and regulations: International agreements between Ukraine and foreign states, consent to be bound thereof was provided by Verkhovna Rada of Ukraine,  Code of economic procedure of Ukraine, ‘International Commercial Arbitration’ Act of Ukraine, ‘Enforcement Proceeding’ Act of Ukraine, ‘Private international law’ Act of Ukraine.

 Thus in accordance with the Ukrainian law of procedure the arbitration judgement is acknowledged as being of obligatory enforcement  on the territory of Ukraine notwithstanding in what country it was made.

 The party that refers to the arbitration judgement or applies for its enforcement (submits application for issuance of execution documents for judgement’s compulsory execution) has to submit:

- original or duly authorized copy of the International Commercial Arbitration Court’s judgement;

- original or duly authorized copy of the arbitration agreement.

 In case the arbitration judgement or agreement are issued in a foreign language the Party is to submit the duly authorized translation of these documents into Ukrainian.

 The application for issuance of execution documents for judgement’s compulsory execution is submitted to the economic court at the place of litigation procedure provision within three years from the date of International Commercial Arbitration Court’s judgement adoption.

 If the application was submitted after the established term expiration, it remains without due process of law, unless the economic court (in accordance with the applicant’s request) will find the reasons for terms renewal in consequence thereof an order is issued.

 The application for issuance of execution documents for International Commercial Arbitration Court judgement compulsory execution is reviewed in economic court at the sole judge discretion within  15 days from the date of its submission with invitation of the Parties. Default in appearance of the Parties or one of the Parties who were duly informed about the time and place of the case proceeding does not defeat the judicial examination of the application.

 For processing of application for issuance of execution documents for International Commercial Arbitration Court judgement compulsory execution upon a petition of one of the parties - the economic court obtains the materials of litigation case on demand from the institutional International Commercial Arbitration Court where these materials are stored. The materials of litigation case are to be submitted to the economic court within 5 days from the moment of the appropriate demand receipt. In this case the review duration of application for International Commercial Arbitration Court judgement compulsory execution is prolonged for the period of up to one month from the moment of it was submitted to the court.

 When the case legal proceeding is provided the economic court establishes whether there are reasons to refuse in issuance of execution documents for Arbitration Court judgement compulsory execution,  or not.  

 The economic court refuses in issuance of execution documents Arbitration Court judgement compulsory execution in the event that:

1) at the moment when for issuance of execution documents the decision in accordance with the application for issuance of execution documents is made the Arbitration Court judgement is cancelled by the economic court;

2) the litigation case where the decision was made by the Arbitration Court does not fall within jurisdiction of Arbitration Court in accordance with the legislation;

3) the  term established to apply for issuance of execution documents was defaulted and the reasons of such default were not acknowledged by the economic court as valid;

4) the Arbitration Court judgement was made in consequence with the judicial dispute that was not stipulated by the  arbitration clause, or  by this judgement there were settled those issues that go outside the bounds of the arbitration agreement.   In case if by the Arbitration Court judgement there were settled those issues that go outside the bounds of the arbitration agreement, only that part of the judgement that is concerned the issues that go outside the bounds of the arbitration agreement may be cancelled

5) the arbitration agreement  was considered as null and void;

6) the constitution of the court the made the judgement did not correspond the requirements of the law.  

7) the  Arbitration Court judgement  contains the remedies and methods of interest protections that were not stipulated by legislation;

8) the institutional Arbitration Court did not provide the economic court on the demand of the latter with the appropriate materials of litigation case;

9) Arbitration Court made the judgement in consequence with the rights and obligations of the persons who did not participate in litigation case.

 The economic court’s decision about refusal in issuance of the executive documents may be appealed by the parties in accordance with the appeal procedure within fifteen days from the moment of its rendering by the economic court.

 As soon as the court’s decision about refusal in issuance of the executive documents comes into legal force the dispute between the parties may be settled by the economic court in accordance with the standard procedure.

 The economic court’s decision about refusal in issuance of the executive documents, if it was not appealed according to the appropriate procedure, comes into legal force as soon as the validity of the appeal term expires. 

 In case of the appealing the economic court’s decision comes into legal force after the litigation case is settled by the appeal economic court.

 In accordance with the results of the review of the application for issuance of execution documents for Arbitration Court judgement’s compulsory execution the economic court makes (renders) the judgement decision concerning either issuance of execution documents or refusal in issuance of execution documents for Arbitration Court judgement’s compulsory execution.

   The judgement decision concerning issuance of execution documents for Arbitration Court judgement’s compulsory execution is sent to the parties within five days from the moment of its rendering.

The party in favor of which the executive document was issued receives it at the  economic court directly.

  After judicial consideration of the application for issuance of execution documents for Arbitration Court judgement’s compulsory execution the materials of the litigation case are subject to return to the institutional Arbitration Court.

  The specialists of our company will assist you in appropriate procedures  of confession and enforcement of International Commercial Arbitration Courts’ judgements at the territory of Ukraine and other countries

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