Author Archive: Olena Perepelynska

Olena Perepelynska, FCIArb is a partner at Integrites, Kyiv, Ukraine, and the Board Member of the Ukrainian Arbitration Association. Olena has a law degree from the Institute of International Relations, Kyiv Taras Shevchenko National University, and diploma in International Arbitration from the Chartered Institute of Arbitrators, UK. She is listed as recommended arbitrator of various arbitration institutions in Austria, Czech Republic, Georgia, Hong Kong, Kazakhstan, Lithuania, Malaysia, Poland, Romania and Ukraine.

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Enforceability of Emergency Arbitrator Awards in Ukraine

Enforceability of Emergency Arbitrator Awards in Ukraine

In an earlier post the CIS Arbitration Forum reported on three investment treaty claims which have been initiated this year against Ukraine in the gas sector. In one of them a UK-based energy company, JKX Oil & Gas, and its Dutch and Ukrainian subsidiaries, Poltava Gas B.V. and JV Poltava Petroleum Company, obtained the first ever emergency arbitration award against […]

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

2014 was one of the most difficult years in the contemporary history of Ukraine in both political and economic terms. The country lived through the Revolution of Dignity in February, the annexation of Crimea in March, the ongoing military conflict in eastern Ukraine and deep financial and economic crisis. In order to counter these difficulties and to […]

Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Arbitrability of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Recent judgments of the Ukrainian courts have again attracted attention to the issue of arbitrability, which remains under debate both in theory and in practice in Ukraine. This time court practice deals with disputes arising out of the so-called “commercial contracts related to satisfaction of the state’s needs” (“Public Procurement Contracts”). The judgments discussed in […]

CAS Confirmed Strict Liability Principle in Match-Fixing

CAS Confirmed Strict Liability Principle in Match-Fixing

On 2 August 2013, the Court of Arbitration for Sport (CAS) published a press-release about the decision made in a complex and highly controversial case on match-fixing, involving ten individuals and two football clubs from Ukraine – FC Metalist Kharkiv (“FC Metalist”) and FC Karpaty Lviv (“FC Karpaty”). The Tribunal sanctioned the Sports Director of FC Metalist and six football players for being directly […]

Ukrainian Arbitration Association Runs the First International Arbitration School in Ukraine

Ukrainian Arbitration Association Runs the First International Arbitration School in Ukraine

On 5-9 August the Ukrainian Arbitration Association (the “UAA”) ran an intensive five-day arbitration programme of the First Summer School in International Arbitration organised jointly with the National University of Kyiv Mohyla Academy’s Faculty of Law (“UKMA”). The event has been part of the educational activities of the UAA, which was launched a year ago […]

ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine

ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine

In an earlier post CIS Arbitration Forum reported that Ukraine was ordered to pay in the region of EUR 3 million to German investors in Inmaris Perestroika Sailing Maritime Services GmbH and others v Ukraine. At that time the final award dated 1 March 2012 had not been published yet. However, recently the excerpts of this award became available. […]

Arbitrations against Ukraine: Overview of 2012

Arbitrations against Ukraine: Overview of 2012

In the past decade Ukraine has been one of the busiest respondents in the CIS region. However, the arbitration statistics of 2012 shows a change in this trend. On 30 January 2013 the Minister of Ecology and Natural Resources of Ukraine confirmed that the settlement agreement between Vanco Prykerchenska Ltd and Ukraine had been approved by the Stockholm […]

Ukrainian Arbitration Association Launched in Kyiv

Ukrainian Arbitration Association Launched in Kyiv

In September 2012, a group of Ukrainian and foreign experts in international arbitration founded the Ukrainian Arbitration Association (the “UAA” or the “Association”) to unite lawyers, irrespective of their nationality or place of residence, who are professionally engaged or interested in international arbitration. This is an important step in the development of international arbitration in Ukraine. […]

Ukrainian Court Enforces Arbitral Awards Set Aside in the UK

Ukrainian Court Enforces Arbitral Awards Set Aside in the UK

On 3 August 2012 the Court of Appeal of the Odessa Region upheld its lower court’s ruling granting requests for the enforcement of twelve FOSFA arbitral awards in Ukraine. Six of these awards had previously been set aside in the UK.  The Ukrainian court did not give any effect to the respective English court judgments, stating that the […]

“Remington Worldwide Limited v Ukraine” Saga: The First ECT Arbitration Conducted in Russian

“Remington Worldwide Limited v Ukraine” Saga: The First ECT Arbitration Conducted in Russian

 Remington Worldwide Limited v Ukraine is interesting not only as the first arbitration under the Energy Charter Treaty (the “ECT”) conducted in Russian.  It also reasserts the importance of a fundamental aspect of the rule of law – the principle of legal certainty. The case demonstrates how far-reaching the effects of the application of the exceptions from […]

Ukrainian Court Recognises English Court Freezing Order

Ukrainian Court Recognises English Court Freezing Order

On 1 June 2012 the Ukrainian general court of first instance granted the request of JSC BTA Bank for the recognition of the Freezing Order of the English Court issued in the BTA Bank v Ablyazov and others proceedings (the “Order” and the “BTA Bank case” respectively). The ruling of the Ukrainian court in the BTA Bank case is […]

Ukraine: How Minor Defects in Wording of Arbitration Clause May Result in a Big Problem

Ukraine: How Minor Defects in Wording of Arbitration Clause May Result in a Big Problem

A Ukrainian court of first instance has recently set aside a ruling on jurisdiction rendered by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (the “ICAC”) in a highly debated case considered twice by the ICAC and Ukrainian courts. The debate arose in connection with a pathological arbitration clause and a […]

ICSID Tribunal Orders Ukraine to Pay EUR 3 million to Inmaris Companies

ICSID Tribunal Orders Ukraine to Pay EUR 3 million to Inmaris Companies

The Ministry of Justice of Ukraine has reported that on 1 March 2012 an ICSID tribunal ordered Ukraine to pay in the region of EUR 3 million in damages to German investors. This is the third ICSID case against Ukraine that has resulted in monetary compensation to foreign investors. In the first case – Alpha Projektholding […]

New Rules for Interim Measures Related to Enforcement of Arbitral Awards in Ukraine

New Rules for Interim Measures Related to Enforcement of Arbitral Awards in Ukraine

The Ukrainian Parliament adopted long-expected amendments to the Civil Procedure Code of Ukraine regarding interim measures in foreign judgment and arbitral award enforcement proceedings. The new rules became binding on 19 October, 2011.  The new rules allow foreign creditors to apply for interim measures while recognition and enforcement proceedings are still pending.  Thus they can ensure, […]