INTERNATIONAL COMMERCIAL ARBITRATION IN UKRAINE UNDER MARTIAL LAW: LEGAL FRAMEWORK FOR RECOGNITION AND ENFORCEMENT OF AWARDS

Abstract

The article examines the specific features of the functioning of international commercial arbitration in Ukraine under martial law, as well as the legal framework for the recognition and enforcement of arbitral awards. The author analyzes the current legislation of Ukraine, in particular the Law of Ukraine “On International Commercial Arbitration” and the provisions of the Civil Procedure Code of Ukraine, as well as international treaties, including the 1958 New York Convention. The article separately considers the grounds for recognition and enforcement of international commercial arbitration awards, the procedure for judicial control, and the limits of court intervention in the process, which makes it possible to maintain a balance between the autonomy of arbitration and the guarantees of justice.Special attention is given to the impact of martial law on the organization and conduct of arbitration procedures. Practical challenges are considered, including logistical restrictions, the impossibility of holding in-person hearings, limited access to evidence and witnesses, and risks to the safety of participants. In wartime conditions, emphasis is placed on the use of digital technologies, including online hearings, electronic document management, and digital signatures, which enhance the flexibility of arbitration, shorten procedural timelines, and minimize risks for the parties involved.The article also analyzes the protection of the rights of Ukrainian entrepreneurs affected by armed aggression and compensation for losses through arbitration. Methods to simplify the initiation of arbitration proceedings are discussed, including reducing arbitration fees, accelerating procedural deadlines, and ensuring access to arbitration through online platforms.The challenges of enforcing arbitral awards under difficult economic conditions are addressed, including sanctions regimes, economic instability, and restricted access to parties’ assets.In conclusion, the article emphasizes the need to adapt international commercial arbitration to the conditions of martial law and to ensure an effective mechanism for recognizing and enforcing arbitral awards. The use of digital technologies, simplification of evidence procedures, strengthening the protection of entrepreneurs’ rights, and the implementation of mechanisms for compensating war-related losses are key areas for improving arbitration practice in Ukraine.The results of this research may be useful for legal practitioners, arbitration institutions, business entities, and scholars engaged in the study of transnational arbitration processes.