CEU Electronic Theses and Dissertations, 2012
| Author | Galagan, Dmytro |
|---|---|
| Title | Public Policy in Judicial Control over Enforcement of Arbitral Awards in Ukraine |
| Summary | Ukraine is a party to the New York Convention and a UNCITRAL Model Law state. Both of these legal instruments provide that enforcement of an arbitral award may be denied if it would contradict public policy. However, content of the public policy is left for the states to decide. The main purpose of this thesis is to analyze case law on recognition and enforcement of arbitral awards to determine how the notion of public policy differs in Ukraine from the world’s leading arbitration jurisdictions and to show which norms Ukrainian courts will apply as matters of substantive and procedural public policy. This thesis answers three main research questions. First, what definition of public policy do Ukrainian courts use in recognition and enforcement of arbitral awards? Second, which areas of law fall within the scope of public policy? Third, which procedural infringements are recognized as a part of public policy? The analysis of the relevant practice reveals that despite courts generally take pro-enforcement position there are still problems with reasoning why certain mandatory rules constitute matters of public policy; with refusal to consider the public policy defense in the dispute between private enterprises; with enforcement of awards that settle corporate disputes; and with application of the separability doctrine. Thus, new review of court practice and recommendations of the Supreme Court of Ukraine, as well as amendments to the procedural laws, are necessary. |
| Supervisor | Varady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/galagan_dmytro.pdf |
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