UKRAINE 9

17 - 05 - 2016

UKRAINE 9

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction Ukraine
Summary

Ukraine 9. Ministry of Justice of Ukraine v. JKX Oil Plc et al., Supreme Court, 24 February 2016 and Court of Appeal, Kyiv, 17 May 2016

Related topics
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
UKRAINE 9