¹13, 2010 Commercial Arbitration. Kyiv and Stockholm - Forces are EqualIgor POBIRCHENKO: “The decision is to be just. But, certainly, it will be carried out by will of those who decide”
– Could you, please, tell what the procedure of selection of arbiters is like? – There are courts with closed recommendation lists and there are courts without such lists. In – What is “compulsory order” of execution of decision of arbitration? – State performer on the basis of executive letter passes the order to the bank about the deduction of the proper sum and its transfer from the accounts of debtor. The Stockholm Arbitration institute is not a tribunal, however. After the decision had been made in relation to the “Naftogas” and “RosUkrEnergo” in June of the current year, the Minister of Fuel and Energy of Ukraine Yuriy Boyko in one of his interviews noticed that this decision has to be executed because the Stockholm Institute is an international tribunal. Although, a tribunal is Arbitration, – And what in general can you say in relation to this decision? Revising the decision of Stockholm Arbitration on the case of “Naftogas”, I can say that I know none of arbiters who considered this case. These arbiters are neither from Therefore whether to execute such decision or not is still a question. Once Yuriy Boyko says that it has to be executed, and then – that it has to be appealed. I think that in accordance with The Ukrainian legislation facilitates the interpretation of the vexed question concerning public order. In the Law of Ukraine “On International Private Law” from June, 23, 2005 there is warning concerning public order: the rule of right of the foreign state is not applied in case, if its application results in the consequences obviously incompatible with the basic law and order of Ukraine. In such cases the right which has the closest connection with the legal relationships, and if such right can not be defined or applied, then the right of In our case the legal order has been already violated, as far as the sides specify that they apply the right of It is foreseen in our Civil Procedure Code: the decision of foreign court is executed after its acknowledgment by the state court of Ukraine at the place of residence of debtor, and this court gives out an executive letter on the forced execution. Procedure had to be the following: if “Naftogas” does not execute this decision, “RosUkrEnergo” applies to the Shevchenko district court of Kyiv and asks to acknowledge the decision and to give out an executive letter, but “Naftogas”, if this request is satisfied, has the right to appeal the decision at the Appeal Court of Kyiv. Further the side which does not agree can appeal it at the Supreme Court of Ukraine, which makes final decision. In general, I never forecast the consequences of football match and judicial dispute. I don’t have the case itself, however, because grounding on this, if you will excuse me, unskilled decision, it is impossible to make any conclusions. But, if it is proved that |