E

Enforcement of ICAC awards in foreign jurisdictions

Updated: November 2026
 
An award of the ICAC or the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry has been made in favour of a Ukrainian company, but the debtor is abroad and will not pay. The award is not automatically enforceable in another country. It must be recognised, with leave to enforce, by a court of the state where the debtor’s assets are. In most countries the procedure is formal, but a mistake in the documents or in the choice of country can cost months.
 
The New York Convention
ICAC awards are recognised and enforced abroad under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958). Its parties include Ukraine and more than 170 other states, among them all EU member states, the UK, the US, China, Turkey and the UAE.
 
The Convention sets out two things.
 
First, what the award creditor files (art. IV):
  • the original award or a duly certified copy;
  • the original arbitration agreement or a certified copy;
  • a certified translation of these documents into the language of the enforcing country.
Second, the grounds for refusal (art. V). They are few, and the debtor must prove them:
  • the arbitration agreement is invalid or a party lacked capacity;
  • the debtor was not given proper notice of the arbitration or could not present its case;
  • the award goes beyond the scope of the arbitration agreement;
  • the composition of the tribunal or the procedure did not follow the parties’ agreement;
  • the award has been set aside or has not yet become binding.
The court of the enforcing country may also refuse on its own motion where the dispute is not arbitrable under its law, or where recognition would be contrary to its public policy.
 
The foreign court does not review the merits. Disputes therefore usually turn on formalities, above all proper notice to the debtor. Proof that the ICAC sent the claim and notices to the address in the debtor’s trade register decides the case.
 
Procedure for enforcement abroad
  1. Asset tracing. The first step is to find where the debtor has accounts, property or receivables. This determines where to file. A company may be registered in one state and hold its assets in another.
  2. Documents. Originals or certified copies of the award and the arbitration agreement are prepared, with an apostille where the enforcing country requires one, and translations. Since February 2025, every original ICAC award is signed by the Secretary General and bears the ICAC seal, which makes it easier to prove authenticity abroad.
  3. Application to the court. The procedure differs from country to country. In Lithuania the application is heard by the Court of Appeal; in Serbia by the commercial court at the debtor’s seat. In Slovakia recognition takes place within the enforcement procedure, after which the court appoints a bailiff. The application is filed by local counsel, with whom we work jointly.
  4. Debtor’s objections. The debtor may object only on the grounds set out in the Convention. If it has applied to set the award aside in Ukraine, the court of the enforcing country may stay its proceedings until that application is decided.
  5. Enforcement. Once recognised, the award is enforced like a local court judgment: freezing of accounts, attachment of property, sale of assets.
 
Practical points
  • time limits. The time limit for seeking enforcement is set by the law of the enforcing country and varies. Delay is also risky because the debtor may move its assets in the meantime;
  • interim measures. In many countries a freeze of the debtor’s assets can be sought even before the award is recognised. This is worth assessing at the outset;
  • costs. Court fees, translations and local counsel fees should be weighed against the amount to be recovered before the procedure starts.
Firm experience
  • Recognition in Slovakia of a Maritime Arbitration Commission award. The MAC awarded Ukrainian Danube Shipping Company EUR 75,000 against AV Parko of Slovakia. The award was recognised in Slovakia within the enforcement procedure. We worked together with the law firm Legate.
  • Recognition of an ICAC award in Lithuania. The ICAC awarded Plasthim OÜ of Estonia the advance it had paid to Skyplast, UAB of Lithuania for goods never delivered. The Court of Appeal of Lithuania recognised the award and granted leave to enforce. We worked together with the law firm LITIGET.
  • Recognition of an ICAC award in Serbia. The ICAC awarded Santlend PE EUR 310,000 against Tiki doo Stara Pazova of Serbia. The Commercial Court in Sremska Mitrovica recognised the award and granted leave to enforce.
Our services
  • tracing the debtor’s assets and choosing the enforcing country;
  • preparation, certification and translation of documents for recognition abroad;
  • coordination with local counsel in the enforcing country;
  • applications to freeze the debtor’s assets before recognition;
  • defence against the debtor’s objections and set-aside applications in Ukraine;
  • support in enforcement through to actual recovery.