AGA Partners are glad to share that we successfully represented our Client, a Swiss branch of a major Chinese agriculture corporation, in the Ukrainian Supreme Court, which rendered a precedent decision in case No. 824/268/21, confirming the legality of the enforcement procedure challenged by the opposing party.

Case Overview

This case forms part of the ongoing proceedings concerning the recognition and enforcement of the arbitration award in Ukraine. The dispute arose from the enforcement of an arbitral award issued by a London-based tribunal. After obtaining recognition and permission for enforcement, our Client initiated enforcement actions in early 2023. The Debtor, however, challenged the process, claiming that its registered location in an area of military operations precluded enforcement and alleging procedural violations by the private enforcement officer.

Our legal team established that the debtor re-registered its location only after enforcement had commenced and this occurred in the areas of possible military (combat) operations, which indicates that the complaint in this part is groundless. We further demonstrated that all procedural requirements were fully met, and the Debtor’s objections lacked legal merit.

Court Rulings and Legal Significance

Both the Kyiv Appeal Court and the Supreme Court rejected the debtor’s claims and confirmed the legality of the enforcement proceedings. The Supreme Court ruled that:

· The enforcement process complies with Ukrainian law.

· The change of the Debtor's place of registration took place after the enforcement proceedings were initiated and was not due to the fact that the re-registration was carried out in the area of active military (combat) operations.

· The private enforcement officer acted lawfully.

This decision affirms the binding nature of enforcement actions and strengthens Ukraine’s position as a jurisdiction that upholds the rule of law and respects international arbitration awards.

Partner Iryna Moroz, senior associate Dmytro Izotov, and associate Maksym Fesenko represented the AGA Partners team in this case.