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Recognition and enforcement of foreign arbitral awards in Ukraine

Updated: November 2026
 
A foreign company has won an arbitration at the ICC, LCIA, SCC or another institution against a Ukrainian counterparty, but the counterparty will not pay. To recover from its accounts and assets in Ukraine, the award must be recognised, with leave to enforce, by a Ukrainian court. The procedure takes place before a single court, has clear time limits and an exhaustive list of grounds for refusal. Since 2022, however, the courts have scrutinised awards particularly closely for compliance with public policy, including sanctions restrictions.
 
When and where to apply
The procedure is set by arts. 474–482 of the Civil Procedure Code of Ukraine (in Ukrainian) and the New York Convention of 1958:
  • an award seated outside Ukraine is recognised and enforced where an international treaty so provides or on the basis of reciprocity. Reciprocity is presumed unless shown otherwise (art. 474);
  • the application is heard where the debtor is registered or resides in Ukraine, or failing that, where it has assets in Ukraine (art. 475);
  • the application is filed with the Kyiv Court of Appeal, wherever the debtor is located;
  • the time limit is three years from the date of the award. A missed deadline may be restored only for good reason (art. 475(3)–(4)).
Documents
The application is filed by the award creditor or its representative. It must be accompanied by:
  • the original award or a duly certified copy;
  • the original arbitration agreement or a certified copy;
  • a certified Ukrainian translation of these documents;
  • a power of attorney for the advocate and a trade register extract for the creditor, apostilled or legalised.
The application states, among other things, the date on which the creditor received the award, details of the debtor and the assets against which enforcement is intended (art. 476).
 
Proceedings
The Kyiv Court of Appeal notifies the debtor and hears the application at a court hearing. The debtor may file objections. The court does not review the merits or ask whether the tribunal decided the case correctly. It only checks whether there are grounds for refusal. The Kyiv Court of Appeal’s ruling can be appealed to the Supreme Court, which acts as the appellate court in these cases.
 
The grounds for refusal mirror art. V of the New York Convention:
  • 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 deals with a dispute not covered by the arbitration agreement;
  • the composition of the tribunal or the procedure did not follow the parties’ agreement;
  • the award has not become binding, or has been set aside or suspended;
  • the dispute is not arbitrable under Ukrainian law;
  • recognition would be contrary to Ukrainian public policy.
Public policy and sanctions
Since 2022, public policy has become the most sensitive ground. In its ruling of 15 January 2026 in case No. 824/157/23, the Supreme Court refused to recognise an ad hoc award. The award ordered a Ukrainian company to pay under a guarantee concluded after martial law was introduced. The court found that the arbitration had been used to circumvent sanctions and the moratorium on disposal of assets of persons connected with the aggressor state. The court must examine such a breach on its own motion, even if the debtor does not raise it.
 
Where parties to the deal, or the owners or ultimate beneficial owners of the parties, include persons from the aggressor state or sanctioned persons, the risk of refusal is high. It should be assessed before the application is filed.
 
Interim measures and enforcement
To stop the debtor from moving assets while the case is pending, the application can be combined with a request for interim measures, including a freeze of bank accounts. Once the recognition ruling becomes final, the court issues a writ of execution. It is presented to a state or private enforcement officer under the Law of Ukraine “On enforcement proceedings” (in Ukrainian). An award expressed in foreign currency is enforced in that currency.
 
Where the seat of arbitration is in Ukraine, for example in cases before the ICAC at the Ukrainian Chamber of Commerce and Industry, the application is filed with the court of appeal at the seat. The same three-year time limit applies.
 
Our services
  • assessment of the prospects of recognising a foreign arbitral award, including sanctions risks;
  • tracing the debtor’s assets in Ukraine;
  • preparation, certification and translation of documents;
  • applications for recognition and leave to enforce before the Kyiv Court of Appeal;
  • freezing of the debtor’s funds and assets while the case is pending;
  • representation before the Supreme Court;
  • defence of debtors against recognition of arbitral awards;
  • support in enforcement through state and private enforcement officers.