Publications

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Irina Nazarova, ENGARDE Attorneys’ at Law Managing Partner, and Andriy Vyshnevsky, the firm’s Senior Partner, have jointly published a chapter on Ukraine in Getting the Deal Through – Dispute Resolution 2013. This publication explains all the essential issues, which may arise while resolving a dispute in Ukrainian courts and arbitration institutions. The authors have paid special attention to the questions of recognizing and enforcing foreign judgments, ...

Irina Nazarova, EnGarde Attorneys’ at Law Managing Partner, and Dmytro Donenko, the firm’s Associate, have jointly published a chapter on Ukraine in Getting the Deal Through – Dispute Resolution 2012. This publication explains all the essential issues, which may arise while resolving a dispute in Ukrainian courts and arbitration institutions. The authors have paid special attention to the questions of recognizing and enforcing foreign judgments, as ...

In the Ukraine the major commercial arbitration institutions are the International Commercial Arbitration Court and the Maritime Arbitration Commission both at the Ukrainian Chamber of Commerce and Industry (UCCI). In fact the International Commercial Arbitration Court at the UCCI of Ukraine enjoys monopoly as the arbitration forum deciding upon the disputes between the residents and non-residents. There are also a significant number of courts of arbitration ...

Introduction The taxation system of Ukraine is relatively young, sophisticated and un-refined. It is destined to be reformed to provide more business-friendly procedure and to collect more taxes by virtue of efficient administration and expanding the taxable base, rather than by keeping tax rates high. We believe that the introduction of tax benefits for Ukrainian holding companies could be one of the ways to modernize the ...

1 Liability Systems 1.1 What systems of product liability are available (i.e. liability in respect of damage to persons or property resulting from the supply of products found to be defective or faulty)? Is liability fault based, or strict, or both? Does contractual liability play any role? Can liability be imposed for breach of statutory obligations e.g. consumer fraud statutes? Applicable Ukrainian law establishes a general principle ...

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GENERAL 1. Please give a brief overview of the use of commercial arbitration in your jurisdiction, including any recent trends. What are the general advantages and disadvantages of arbitration compared to court litigation in your jurisdiction? Commercial arbitration is divided into two distinct categories: international and domestic. Commercial disputes involving a foreign or international element may be brought before international arbitration tribunals subject to the relevant arbitration ...

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Amendments to Ukraine domestic arbitration law On 31 March 2009, the Law of Ukraine “On amending certain laws of Ukraine concerning courts of arbitration functioning and enforcement of their awards” №1076-VI, came into force (see Legal update, Ukrainian parliament reforms domestic arbitration). The new law, which was enacted to introduce controls over abuse of the domestic arbitral courts, amends the following Laws of Ukraine: * The Law On ...