- Ukraine—enforcement of emergency arbitration awards (JKX Oil & Gas PLC v Ukraine)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Arbitration analysis: The Ukrainian Supreme Court has resolved the question of whether an Arbitration Institute of the Stockholm Chamber of Commerce (SCC) emergency arbitrator award (emergency award) can be recognised and enforced in Ukraine. On the facts, the Supreme Court refused to grant recognition and enforcement of the Emergency Award for violation of Article V(1)b and (2)b of the New York Convention. However, it left open the possibility of the recognition and enforcement of emergency awards in Ukraine as a matter of principle. Markiyan Kliuchkovskyi, partner at Asters in Kyiv, and Oleksandr Volkov, senior associate at Asters, comment on what lessons can be learned from this case and consider the implications for arbitration lawyers.
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