UKRAINE 5 A

Sribnyanskyi District Court, Chernihivska Region, 24 January 2013 [erroneously indicated as 4 January 2013 in the Yearbook]

(Nibulon SA v. Nasinnia-Agrokhim Limited Liability Company)

24 - 01 - 2013

UKRAINE 5 A

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVIII (2013)
Jurisdiction Ukraine
Summary

See also Court of Appeal, Chernihivska Region, 2 March 2013

(Nibulon SA v. Nasinnia-Agrokhim Limited Liability Company)

UKRAINE 5 B

Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
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
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
505 Incapacity of party
509

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

"Proper notice"
UKRAINE 5 A