Ukrainian Legal Framework for Interim Measures in International Commercial Arbitration

Abstract

The article covers three dimensions of interim measures in the Ukrainian jurisdiction: (1) recently incorporated court-ordered interim measures in aid of arbitration; (2) enforcement of interim measures ordered by an arbitral tribunal; (3) interim measures under the new arbitration rules of the ICAC (the main arbitral institution in Ukraine).

The Ukrainian legislation for a long time did not prescribe court-ordered interim measures in aid of international arbitration. However, with the new edition of the Civil Procedure Code having come into force, it has become reality. At the same time, a recent practice of the Ukrainian courts inclines towards the enforcement of interim measures granted by arbitral tribunals under the New York Convention. The new arbitration rules of the ICAC entered into force on January 1, 2018, which contain an updated framework of interim measures. All of it makes a complex analysis of the Ukrainian regime for interim measures in international arbitration hot and happening.

Keywords: Interim measures in arbitration, court-ordered interim measures, Ukraine, enforcement of interim measures, JKX v. Ukraine, interim relief, the ICAC Arbitration Rules