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|  26 april 2010
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Recognition and enforcement of foreign arbitration awards. Legislative changes
The Law of Ukraine No. 1837-VI “On Amendments to Legislation in respect of International Private Law” dated January 21, 2010 became effective on February 16, 2010. The amendments, inter alia, introduced a new wording of Article 390 of the Civil Procedural Code of Ukraine:
“Article 390. Conditions of Recognition and Enforcement of Judgments of Foreign Courts which are Subject to Mandatory Enforcement
1. A judgment of a foreign court (court of a foreign state; other competent bodies of the foreign states being competent to hear civil or commercial cases; foreign or international arbitration) is recognised and enforced in Ukraine, if its recognition and enforcement is provided by the international agreement ratified by the Verkhovna Rada of Ukraine or on the basis of the principle of reciprocity.
2. In case the recognition and enforcement of a foreign judgment depends on reciprocity principle it is deemed to exist unless the contrary is proved”.
The foregoing changes restored the regime existing since 2002 to 2005 during the validity of the Law of Ukraine No. 2860-III “On Recognition and Enforcement of Foreign Court Judgments in Ukraine” dated November 29, 2001 according to which awards of foreign or international arbitration were identical to judgments of a court of a foreign state. Accordingly, today foreign/international arbitral awards shall be recognized and enforced within the territory of Ukraine under the rules of the civil procedure legislation provided for judgments of foreign courts. Thus, the uncertainty between the competence of civil and commercial courts as applicable to recognition of foreign arbitration awards most probably has been finally solved in favour of the civil courts.
Moreover, the introduced amendments as for recognition “of judgments of foreign courts under the principle of reciprocity that is deemed to exist unless the contrary is proved” seemed to be a real breakthrough in the Ukrainian international private law. If they have been approved by the court practice, court judgments of any foreign states shall be enforced in Ukraine irrespectively to existence of corresponding international treaties of Ukraine.
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| 19 december 2011 A round table dedicated to the actual issues of the maritime law took place in the business-center ‘Napoleon’ in Odessa on the 12th of December 2011.
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| 12 december 2011 ‘Loans Received from Non-Residents’ was the name of the seminar held in the premises of the Southern Commercial Regional Department of the PJSC ‘UniCreditBank’ on the 8th of December 2011. The seminar was organized under the initiative of ‘Interlegal’ together with ‘UniCreditBank’. It was free being addressed to the top managers and owners of the business.
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| 07 december 2011 The President of Ukraine, Viktor Yanukovich, vetoed the Law ‘On Sea Ports of Ukraine’ adopted by the Verkhovna Rada and sent the bill back to the parliament with his propositions.
The President notes that the legal collision will appear in case of signing the law as the provisions of the document on the port water basin will contradict the provisions of the Water Code of Ukraine. In particular, the draft provides that the water basin of a sea port is defined as a part of the water object outside the navigation pass to be granted to the port under the Resolution of the Cabinet of Ministers. But a separate decision on allotment of the water fund land is not taken.
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| 02 december 2011 On 25 November 2011 the official inauguration of the first Ukrainian sports center for multifunctional training of the rugby national team was held in Odessa.
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| 29 november 2011 The Nautical Institute of Ukraine together with the Regional Administration of the Russian Shipping Register in Ukraine under the support of Interlegal held a Round Table on 23 November 2011 entitled ‘Modern Shipping: Problems and Solutions’.
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| 29 november 2011 International conference “Fat-and-Oil Industry - 2011” completed its work
Associated partner of Interlegal – Artem Skorobogatov has took part in the conference “Fat-and-Oil Industry - 2011”.
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| 25 november 2011 Interlegal became the contributor to the sixth edition of the Ship Arrest in Practice that will come out in December 2011. Our authors, partner of Interlegal, Arthur Nitsevych, and senior lawyer, Alexander Chebotarenko, answered the questions of the editor related to the current situation in Ukraine on the practice of vessels’ arrest and release.
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| 25 november 2011 The 4th annual Med Freight Conference - examining the challenges, opportunities & prospects for the Mediterranean was held in Istanbul, Turkey on 2 - 3 November 2011
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