Since late 2011 a change in Ukrainian court procedure has allowed foreign and domestic parties greater scope to seek temporary measures.
On September 22 2011 Parliament adopted the Law Amending the Civil Procedural Code, which allows a court to grant interim measures in proceedings for recognition and enforcement of a foreign court judgment. The law introduces the right of a winning party to apply for interim measures at the enforcement stage, and provides that interim measures may be issued at any stage of proceedings if not doing so could make enforcement complicated or impossible. The procedure for granting interim relief during the enforcement of foreign judgments remains the same as for regular domestic claims.
The law provides the courts with a useful tool, enabling them to allow applications for interim measures during a trial on the enforcement of foreign court judgments and arbitral awards. However, it does not allow for applications for interim measures in pending arbitrations or foreign court cases. During the bill's second reading, Parliament voted down proposals that would have provided for enforcement by Ukrainian courts of interim relief granted by arbitral tribunals.
The law was signed by the president on October 14 2011 and came into force on October 19 2011.
For further information on this topic please contact Yaroslav Petrov at Asters by telephone (+380 44 230 6000), fax (+380 44 230 6001) email ([email protected]).