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Enforcement of ICAC awards in foreign jurisdictions

Decisions of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC) are recognized and enforced in most countries around the world. This is possible because Ukraine and more than 170 states are parties to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention, 1958).
 
The New York Convention – the foundation of international arbitration.
 
The Convention provides that:
  • arbitral awards rendered in one contracting state shall be recognized as binding in other member states;
  • state courts are obliged to grant enforcement unless one of the limited grounds for refusal applies (e.g., absence of an arbitration agreement, violation of due process, contradiction with public policy of the enforcing state);
  • the recognition and enforcement procedure is generally much simpler than the enforcement of foreign court judgments.
Thus, by obtaining an ICAC award in Ukraine, you gain a real instrument for recovering assets of the debtor in any country that is a party to the Convention.
 
Procedure for enforcement of an arbitral award abroad
  1. Preparation of the document package:
  • the original arbitral award;
  • the arbitration agreement (usually an arbitration clause in the contract);
  • ICAC certificates: Certificate of Finality of Judgment and Certificate of Service;
  • official translation and, where required, apostille.
  1. Application to the court of the enforcing state:
  • filing a petition for recognition and enforcement of the award;
  • the court examines only formal criteria (existence of arbitration agreement, proper notice, absence of violation of public policy).
  1. Obtaining the enforcement order:
  • once granted, the arbitral award is equated to a domestic court judgment;
  • enforcement proceedings commence (freezing of bank accounts, seizure and sale of property, and other measures).
How we can help:
Misechko & Partners Law Firm provides a full range of services for the enforcement of ICAC awards abroad, including:
  • jurisdictional analysis and selection of the optimal enforcement strategy;
  • preparation and legalization of documents;
  • cooperation with local counsel in foreign jurisdictions;
  • representation in court proceedings and defense against debtor’s objections;
  • supervision of the actual recovery of assets.
Contact us to ensure the effective enforcement of your arbitral award and regain control over the debtor’s assets.
 
📧 Email: [email protected]
📱 Phone: +380 44 334 42 55
💬 WhatsApp: +380 99 060 33 61