FEATURES OF THE RECOGNITION AND ENFORCEMENT OF INTERNATIONAL COMMERCIAL ARBITRATION AWARDS

Abstract

This article is devoted to a comprehensive examination of the legal nature, procedural features and practical aspects of the recognition and enforcement of international commercial arbitration awards in Ukraine. It demonstrates the importance of arbitration as a key mechanism for ensuring the stability of international economic transactions, combining neutrality, procedural flexibility and specialised expertise. It is established that the Ukrainian model of legal regulation in this sphere is distinctly pro-arbitration in nature and is based on the principles of minimal judicial intervention, party autonomy and limited review by national courts. The multi-level regulatory framework has been analysed, which includes international treaties, primarily the New York Convention, as well as national legislation – the Civil Procedure Code of Ukraine, and the laws of Ukraine “On International Commercial Arbitration”, “On Enforcement Proceedings” and “On Private International Law”. It has been established that the effective functioning of the institution is ensured by their interaction, within which international standards are specified in the procedural and institutional mechanisms of national law. Considerable attention is paid to the procedure for the recognition and enforcement of arbitral awards, in particular the determination of the jurisdiction of courts, time limits for applications, requirements for the application and supporting documents, and the specific features of court proceedings, including the possibility of suspending proceedings. The system of grounds for refusing recognition and enforcement has been examined; it is comprehensive in nature and based on a combination of the provisions of the New York Convention and national legislation. Their division into “party-based” and “judicial” grounds has been outlined, and it has been established that their application is of an exceptional nature and is subject to narrow interpretation in judicial practice. The study concludes that the Ukrainian model generally complies with international standards and maintains a consistent pro-arbitration orientation. At the same time, it is emphasised that the effectiveness of the enforcement of arbitral awards depends not only on regulatory frameworks but also on practical mechanisms for their implementation, including the accessibility of the debtor’s assets, the specific legal status of the parties, and an appropriate procedural strategy.