Writs of execution

According to Article 56 of the Law of Ukraine of May 11, 2004, No. 1701-IV “On Arbitration Courts,” Article 483 of the Civil Procedure Code of Ukraine, and Article 352 of the Commercial Procedure Code of Ukraine, an application for the issuance of an enforcement document may be submitted to the competent court within three years from the date of the arbitral tribunal’s decision.

The application for the issuance of an enforcement document is subject to review by the relevant court of appeal within 15 days from the date of its receipt by the court. The parties are notified of the time and place of the hearing, but their absence, or the absence of one of the parties, does not prevent the court from considering the application.

Pursuant to Article 30 of the Law “On Arbitration Courts,” the place of arbitration proceedings in a permanent arbitration court is the location of such arbitration court.

According to Part 2 of Article 483 of the Civil Procedure Code, an application for the issuance of a writ of execution for compulsory enforcement of an arbitral tribunal’s decision shall be submitted to the court of appeal at the place of arbitration proceedings within three years from the date of the arbitral tribunal’s decision.

According to Part 2 of Article 352 of the Commercial Procedure Code of Ukraine, an application for the issuance of an order for compulsory enforcement of an arbitral tribunal’s decision shall be submitted to the commercial court of appeal at the place of arbitration proceedings within three years from the date of the arbitral tribunal’s decision.

Taking into account that, according to the registration certificate, the PERMANENT ARBITRATION COURT AT THE ASSOCIATION “BUSINESS PARTNERS GROUP” is located at: 01133, Kyiv, Lesi Ukrainky Boulevard, Building 34, Office 408/5, the competent court is the Kyiv Court of Appeal (for civil disputes) or the Northern Commercial Court of Appeal (for commercial disputes).

Proceedings in cases concerning the issuance of writs of execution for compulsory enforcement of arbitral tribunal decisions in civil cases are regulated by Articles 483–487 of the Civil Procedure Code of Ukraine.

According to paragraph 2 of Article 4 of the Law of Ukraine “On Court Fees,” court fees for applications for the issuance of enforcement documents shall be paid in the following amounts:

Applications for the issuance of a writ of execution for compulsory enforcement of an arbitral tribunal’s decision:

Proceedings in cases concerning the issuance of enforcement documents for compulsory enforcement of arbitral tribunal decisions in commercial cases are regulated by Articles 352–356 of the Commercial Procedure Code of Ukraine.

When considering an application for the issuance of an enforcement document, the relevant court of appeal, upon the request of one of the parties, shall request the case file from the permanent arbitration court where the case is kept. The case file must be sent to the competent court within five days from the date of receipt of such request.

After the competent court has considered the application for the issuance of an enforcement document, the case file shall be returned to the permanent arbitration court.