Interim measures in Ukraine

1.1.1 Interim measures in Ukraine may be ordered by the general courts, which have jurisdiction over civil and criminal matters, as well as by commercial and administrative courts.

1.1.2 The rules on interim measures in the civil and commercial cases are contained in the Civil Procedure Code 1 Law No 1701-IV, 11 May 2004, as amended and restated. (CPC) and the Commercial Procedure Code 2 Law No 1798-XII, 6 November 1991, as amended and restated.  (CoPC) respectively. Ukrainian law also has a special set of rules in relation to ship seizures to secure maritime claims (provided for in the Merchant Navigation Code of Ukraine (MNC) and the International Convention for Unification of Certain Rules Relating to the Arrest of Seagoing Ships (Brussels, 1952)). Ship seizures are not explored further in this chapter, which instead describes more general types of interim measures.

1.1.3 That is, this chapter focuses only on interim measures that can be ordered by general courts in civil cases and by commercial courts in commercial cases. It does not deal with interim relief in criminal cases or within the administrative litigation involving public bodies.

2.1.1 A state court having jurisdiction over a dispute in accordance with the CPC or CoPC has the power to order interim measures before or after proceedings relating to the underlying claim have been commenced.

2.1.2 In addition, general courts have the powers to issue interim measures in support of international commercial arbitration (this option is described in details in section 10 below).

2.2.1 An agreement between the parties to refer a domestic or cross-border dispute to a specific Ukrainian court is unenforceable, as Ukrainian law does not allow parties to decide which particular court(s) in Ukraine should have territorial or subject matter jurisdiction over a dispute. This applies to both main proceedings as well as the procedure for obtaining interim measures. The competence of a court to hear a dispute may only be determined in accordance with the applicable procedural laws (i.e. the CPC or CoPC), and therefore interim measures may only be issued by the court which has jurisdiction over the main proceedings by operation of law (and not by choice of the parties).

2.3.1 In both commercial and civil cases, an application for interim measures is filed with the court of first instance having jurisdiction over the main proceedings. The commercial courts hear disputes arising out of various aspects of commercial activities (predominantly between legal entities and individual entrepreneurs), whereas the general civil courts hear disputes related to civil cases that lack a commercial component (largely involving individuals). 

2.3.2 It is also possible to file an application at the appeal stage. 3 CPC, art 149, CoPC art 136.

3.1.1 Ukrainian law essentially provides to claimant two major categories of interim measures, namely freezing orders and injunctions prohibiting respondents and third parties from engaging in certain actions.

3.1.2 The particular interim measures that can be granted by Ukrainian courts in civil and commercial litigation include: 4 CPC, art 150; and CoPC, art 137.

• freezing of assets (Ukr. aresht);
• an order to perform or refrain from certain actions; 
• suspension of the sale of seized property, where a claim has been submitted for the recognition of ownership right to such property;
• suspension of customs clearance of suspected counterfeit goods;
• seizure of sea vessel;
• suspension of compulsory enforcement initiated on the basis of an enforcement writ issued in a non-contentious procedure.

3.1.3 In both civil and commercial disputes, the courts may order several types of interim measures in the same case, provided these interim measures are adequate and proportional to the claim on the merits. For instance, the courts can freeze the respondent's funds and at the same time issue an injunction prohibiting the respondent from performing certain actions. In both commercial and civil cases, the courts are not limited to an exhaustive list of interim measures and can potentially apply measures which are not directly listed in the rules of procedure provided the rights at stake cannot be protected by the interim measures expressly listed in the rules of procedure. 5 CPC, art 150; and CoPC, art 137.

3.1.4 In certain cases, specific types of interim measures are available to the parties. For example, in copyright infringement cases the court may order freezing of all specimens of items believed to be counterfeits, all materials and equipment used for their production as well as documents that can serve as evidence of infringement or a planned infringement. 6 Law of Ukraine "On Copyright and Related Rights", art 53.

3.2.1 The most frequently granted interim measure is a freezing order, which involves the freezing of property (e.g., funds, movable or immovable property) belonging to the respondent. 

3.2.2 It is possible to freeze funds and other valuables held by the debtor in accounts, deposits and in the custody of banks or other financial institutions. The procedure for the freezing of funds at bank accounts is specifically regulated by the National Bank of Ukraine. 7 Resolution of the National Bank of Ukraine No. 22 dated 21 January 2004, ch 9.

3.2.3 However, Ukrainian law does not allow a claim to be secured by inter alia any of the following:

• the freezing of wages, welfare and social security payments;
• the freezing of perishable items; or
• the suspension of a temporary administration or liquidation of a bank and of activities related to it. 8 CPC, art 150; and CoPC, art 137.

3.3.1 In civil and commercial cases, Ukrainian courts may grant injunctions against respondents or third parties, which include orders to act or refrain from acting in a particular way. An order to refrain from actions can be obtained when a claimant seeks to limit the right of the respondent or another person to perform certain actions relating to the subject matter of a dispute (e.g. to make payments, or to transfer property). 

3.3.2 The following injunctions may not be granted by the courts:

• an order prohibiting shareholders from holding shareholders' meetings or making certain decisions in such meetings;
• an order prohibiting the production of the register of shareholders or other registers of subscribed securities holders;
• an order prohibiting the provision of information concerning shareholders' meetings for the purpose of holding of shareholders' meetings;
• an order prohibiting the attendance by a shareholder of a general shareholders' meeting; or 
• an order prohibiting public bodies from exercising their statutory powers. 9 CoPC, art 137.

3.3.3 Where it is not clear how to enforce or who is subject to an order compelling someone to do or refrain from doing something, enforcement officers or parties may apply to the court for clarification of the order. 10 Law of Ukraine "On Enforcement Procedure", art 31.

3.4.1 Pre-action interim measures are available in both civil and commercial cases.

3.4.2 A claimant is obliged to file a claim within ten days of the date when the court issues an order on a pre-action interim measure.

3.4.3 In order to apply for a pre-action interim measure, the applicant should file an application with a competent general or commercial court, complying with all the requirements stipulated in the CoPC and CPC. The court shall consider the application and give its decision within two days of the date of filing the application (however, in practice this may take longer, e.g. 1-2 weeks). A court fee is payable on filing of such an application. 11 See section 7 on costs.  Furthermore, a court may require the applicant to provide appropriate security as a pre-requisite to granting an interim measure. 12 See paragraph 5.2.1 below.

3.5.1 The courts in civil and commercial cases can order interim measures only upon an application by a party.

3.5.2 A Ukrainian court will only grant an interim measure if there is otherwise a risk that the enforcement of the final judgment in the case can be frustrated. Such risk needs to be proven with proper and admissible evidence. Merely referring to a theoretical possibility that such risk can materialise will not suffice to persuade the court to order interim measures. 

3.5.3 The law and the court practice developed the following requirements that must be satisfied in order for an interim measure to be granted:

• there is a real threat that enforcement of a final judgment in favour of the applicant will become impossible or complicated;
• the interim measure is proportionate and adequate to the amount in dispute; 
• the interim measure is directly linked to the underlying claim;
• the interim measure does not cause unreasonable interference with the regular business activities of the respondent;
• the interim measure does not cause unreasonable interference with the legitimate rights of third parties; and
• the interim measure does not effectively substitute a judgment on the merits.

3.5.4 An application for an interim measure may be filed and an interim measure may be granted at any stage of the case including at the appeal stage. 13 CoPC art 136. CPC art 149.

3.5.5 The court in both civil and commercial cases may require an applicant to provide appropriate security as a pre-requisite to granting an application for interim measures. 14 CPC, art 154; CoPC art 141.

Form of the request

4.1.1 An application for interim measures must be submitted in writing and signed by the authorised representative of the party (e.g. by its attorney). It is usually filed with the court registrar, but it is also possible to send it to the court by mail.

Content of the request

4.1.2 An application for interim measures pursuant to the rules of procedure in civil and commercial cases must contain the following information: 15 CPC, art 151; CoPC art 139.

• subject matter of the court claim in the main proceedings;
• a statement of reasons why the interim measures should be granted, i.e. why the applicant believes that not granting interim measures will significantly complicate or render impossible the enforcement of a future court judgment; 
• an indication of the type of interim measure that the applicant seeks as well as reasons for the imposition of such a measure; and
• any other information which is relevant to the application. For instance, where an applicant seeks an interim measure with respect to a particular property, details of the type, location and description of such property shall be given.

4.1.3 The applicant in practice would also need to state in its application the circumstances indicating the risk of frustration of the enforcement of the judgement if no interim measure is granted, as well as the evidence confirming such circumstances (such evidence also needs to be enclosed with the application) as described in details in section 4.3 below.

Enclosures with the application

4.1.4 In both civil and commercial proceedings, an application for an interim measure must be accompanied by evidence of payment of the relevant court fee. In practice, the applicant should also enclose with the application all evidence he relies on to substantiate that there is a risk of frustration of enforcement of court judgement.

Procedure for consideration of the application on interim measures

4.2.1 In both civil and commercial cases, the application for interim measures must be considered by the court within two days from the date of receipt of the application by the court. 16 CPC, art 153, CoPC, art 140.

4.2.2 In both commercial and civil proceedings, the hearing to decide on an application for interim measures is by default ex parte, i.e. the court is not required to notify the parties of its intention to consider the application and thus the decision on interim measures is made without an open court hearing. 17 CPC, art 153, CoPC art 140

4.2.3 However, the court still can summon the parties and hold a hearing if the court feels unsatisfied with the arguments and the evidence provided by the applicant in substantiation of the need for interim measures.

Procedure for pre-action interim measures

4.2.4 Procedure for consideration of application on interim measures filed prior to commencement of the main proceedings is the same as described in sections 4.1 and 4.2.1-4.2.3 above.

Decision and enforcement

4.2.5 Once the court reaches the decision on the interim measures, it issues an order either granting or rejecting the request for interim measures. A copy of the order shall immediately be sent or passed to the parties.

4.2.6 The court may grant an application for interim measures in full, i.e. grant all the measures sought by the applicant, or satisfy the application only in part. 18 CPC, art 153, CoPC art 140.

4.2.7 If interim measures are granted and a court order imposing such measures is issued, the applicant can then file the order with the competent enforcement officer to have it enforced in practice. Court orders on interim measures can be immediately enforced and are subject to the same enforcement proceedings as court judgments.

4.3.1 Ukrainian legislation does not set out specific evidential requirements regarding interim measures in civil or commercial cases, and therefore the general rules of CPC and CoPC on evidence will apply.

4.3.2 As mentioned in paragraph 4.1.3 above, in order to obtain interim measures, the applicant must prove to the court that there is a risk that the enforcement of a subsequent court judgment will be frustrated and, as a matter of practice, should submit to the court the evidence confirming such risk.

4.3.3 There are no specific legal requirements as to particular evidence that must be adduced in order to confirm the risk of frustration of enforcement of the court judgement. For instance, adducing documents confirming disposal by the respondent of its property in anticipation of the judgement (e.g., extracts from property registries demonstrating abrupt selling by the respondent of his assets) will likely strengthen the merit of the applicant's plea for interim measures.

4.3.4 Documentary evidence should be enclosed with the application for interim measures when filed with the court. The copies of documents submitted with the court must be duly certified. 19 CPC, art 95; CoPC, art 91.  The judge has a right to demand that originals are provided for review. 

5.1.1 The respondent has a right to oppose or challenge the interim measures sought by the applicant.

5.1.2 In cases where the court considers an application for interim measures during a hearing by summoning the parties, the respondent will have an opportunity to present arguments and file evidence in order to demonstrate that the application should be dismissed.

5.1.3 If, however, the interim measures were issued by the court ex parte, the respondent (or other affected party) can file an application with the court that issued the interim measures asking the court to lift such interim measures 20 CPC, art 158; CoPC art 145  or file an appeal against the court order that imposed the interim measures.

5.2.1 As noted in paragraph 3.5.5 above, before granting an interim measure, both general and commercial courts may require the applicant to provide a security (e.g. deposit a certain amount of money with the court's account) to secure possible losses that can be incurred by the respondent (or other affected party) as a result of the imposition of the interim measure. The amount of security will be determined by the court having regard to the circumstances of each particular case and must be commensurate with the particular interim measure imposed and potential amount of losses that can be suffered by the respondent (or other affected party). 21 CPC, art 154; CoPC art 141.

5.2.2 If the claim in the main proceedings was rejected or dismissed based on the grounds prescribed by the CPC and CoPC 22 CPC, art 155; CoPC art 142. , the party against whom the interim measure was imposed has the right to file a claim against the applicant for compensation of losses caused by the interim measure. Such claim for compensation of damages must be filed by the affected party within 20 days from the moment when the court decision that dismissed the main claim entered into force. If the affected party fails to file such a claim within the term of 20 days, the court will lift its order on provision of the security. 23 CPC, art 155; CoPC art 142.

6.1.1 The procedure for filing and consideration of an application for interim measures is substantially the same for applications made before or after the commencement of the main proceedings. If the application for interim measures is filed and granted by the court before the commencement of the main proceedings, the applicant has to file with the court the statement of claim in the main proceedings within 10 days from the date when the court issued the order imposing the interim measures. 24  CPC art 152; CoPC art 138

6.2.1 In both civil and commercial cases, the application for interim measures must be decided by the court within two days from the date of the receipt of the application by the court. However, in practice the consideration of the applications for interim measures can take longer (e.g. 1-2 weeks). 

6.2.2 The court order imposing the interim measures remains in effect until cancelled by the court or quashed by the court of higher instance. If the claim is confirmed in the main proceedings, the interim measures imposed prior or in the course of the main proceedings remain in effect for another 90 days after the date when the court's judgement entered into force. If the claim is rejected by the court or dismissed on other grounds specified in the CPC and CoPC, the court shall cancel the imposed interim measures. 26 CPC, art 158; CoPC art 145.

7.1.1 In both civil and commercial cases, an application for interim measures is subject to a court fee. The amount of the court fee is determined by law. 27 The law of Ukraine "On Court Fees".

7.1.2 In civil cases, the court fee for filing of an application for interim measures amounts to UAH 960.5 (approx. EUR 32) if filed by a legal entity and UAH 384.2 (approx. EUR 12.8) if filed by an individual. In the commercial cases, the applicable court fee is UAH 960.5 (approx. EUR 32). 28 The law of Ukraine "On Court Fees", art 4. All amounts were calculated in June 2019.  Currently the applicable basis for calculation of the court fees is the minimum living wage established by the law of Ukraine on the State Budget of Ukraine as of January 1 of each respective year. Therefore, the amount of court fee that must be paid for an application for interim measure can change if the minimum living wage changes. 29 The law of Ukraine "On Court Fees", art 4 (1).

7.1.3 The CPC and CoPC both envisage the right of the party whose claim in the main proceedings was satisfied by the court to seek compensation of legal costs incurred by the successful party in the litigation from the losing party. Such legal costs include inter alia legal fees, expenses related to procuring witnesses, commissioning of expert reviews, etc. Therefore, the successful party can request the court to order the losing party to compensate the legal costs, incurred by the successful party inter alia in the course of obtaining the interim measures in the case. Legal fees must be proportionate to the complexity of the litigation. If the court finds such legal fees to be disproportional, the court can reduce the amount of the legal fees that can be recovered from the losing party. 30 CPC, arts 141 and 137; CoPC arts 129 and 126

7.2.1 The court fee should be paid by the applicant by bank transfer prior to filing an application with the court. A bank receipt confirming payment of the court fee must be attached to the application. 

7.2.2 In addition, as described in section 5.2 above, before granting an interim measure, a court may require the applicant to deposit a certain amount of security with the court to secure a possible claim for compensation of losses incurred by the affected party as a result of the imposed interim measures.

7.3.1 The court decides on costs (including on the allocation of the court fee for interim measures) when deciding on the merits of the claim. If the final judgment is rendered in favour of the claimant, all the costs, including the court fee for the interim measures order, must be borne by the respondent. If the claim is satisfied partially, the costs are allocated proportionally between the parties. Please refer to paragraph 7.1.3 above for more details on the composition and compensation of legal costs.

8.1.1 In both civil and commercial cases, interim measures may be changed or lifted by the same court that ordered the interim measures.

Modification

8.1.2 A particular interim measure imposed by the court may be changed to another interim measure by that court based on an application of an interested party. In practice, such change of interim measure is possible if the circumstances of the case have changed (e.g., where the subject matter of the dispute was amended by the claimant). In order to change previously imposed interim measures, an interested party has to file an application with the court explaining why the existing interim measures should be changed and indicate which new measures should be granted.

8.1.3    The application must be considered by the court in a court hearing within the next day of receipt of the application by the court (however, in practice this term may be longer). 31 CPC, art 156; CoPC, art 143

Lifting of interim measures

8.1.4 Interim measures may be lifted by the court that imposed them based on the application of an interested party. In practice, the party filing an application for lifting of the interim measure must prove to the court that the imposed interim measures were not necessary, adequate, proportional or did not correspond to other requirements described in paragraph 3.5.3 above.

8.1.5 The applicant potentially may itself ask for the lifting of an interim measure (e.g., if there is no longer a need to secure the court claim). However, in practice such situations are rare. 

8.1.6 In order to have an interim measure lifted, the interested party must file an application for lifting of the interim measures with the court that imposed such measures. As a general rule, the court must consider such application in a court hearing within 5 days from the date of its receipt by the court (however in practice this term may be longer). 

Outline of the Ukrainian appellate system 

8.2.1 There are 26 general appellate courts in Ukraine, operating in the respective appellate circuits covering 24 regions of Ukraine, the Autonomous Republic of Crimea, as well as cities of Kyiv and Sevastopol. Due to the occupation of Crimea by the Russian Federation, the functions of the appellate courts in Sevastopol and the Autonomous Republic of Crimea are currently performed by the Kyiv Appellate Court.

8.2.2 With regard to commercial cases, there are seven commercial appellate courts operating in respective appellate circuits covering all territorial units of Ukraine.

8.2.3 The Supreme Court performs in Ukraine the functions of the cassation court.

8.2.4 The requirements and procedure for filing and consideration of appeals (including the appeals against orders on interim measures) are unified for all the regions of Ukraine.

Appeal against the interim measures orders in civil and commercial cases

8.2.5 In both civil and commercial cases, the court order on interim measures may be appealed to the court of appeal.

8.2.6 The order imposing interim measures may be appealed by a party whose rights and interests were affected by the interim measure. In commercial cases, such appeal must be filed within 10 days of the date when it was rendered by the court. For the civil cases this term is 15 days. If the order was rendered ex parte or the appellant otherwise was not provided with the full text of the order on the day when such order was rendered, such appellant can request the appellate court to calculate the term for the filing of appeal from the date when such appellant actually received the full text of the order. 32 CPC, art 354; and CoPC, art 256.

8.2.7 The filing of the appeal does not suspend the enforcement of the imposed interim measures and does not prevent further consideration of the case. 33 CPC art 153; and CoPC art 140.

8.2.8 An appeal against an order for interim measures is subject to a court fee in both civil and commercial cases. In civil cases that fee is UAH 1921 (approx. EUR 64) if the appeal is filed by a legal entity and UAH 384.2 (approx. EUR 12.8) if the appeal is filed by an individual. In commercial cases, the applicable court fee is equal to UAH 1921 (approx. EUR 64). 34 The law of Ukraine "On Court Fees", art 4. All amounts were calculated in June 2019.  The court fees for filing of appeals are calculated in the same manner as for the application for interim measures filed with the first instance court. 35 See paragraph 7.1.2 above.  

8.2.9 In both civil and commercial cases, the court of appeal must consider the appeal within 30 days from the date the appeal is accepted for consideration. 36 CPC, art 371; and CoPC, art 273.  In practice, however, consideration of appeals may take longer (up to two months or even more).

8.2.10    An order imposing interim measures in civil and commercial cases, after its consideration in the appellate instance, may be further challenged at the Supreme Court, acting as the court of cassation. In civil cases, a cassation complaint must be filed within 30 days of the date the court of appeal rendered its decision. In commercial cases, such term is 20 days. 37 CPC, art 390; CoPC, art 288.  It is also subject to a court fee. In civil cases such court fee amounts to UAH 1921 (approx. EUR 64) if a cassation complaint is filed by a legal entity and UAH 384.2 (approx. EUR 12.8) if a cassation complaint is filed by an individual. In commercial  cases the court fee for filing of such a cassation complaint amounts to UAH 1921 (approx. EUR 64). 38 The law of Ukraine "On Court Fees". All amounts were calculated in June 2019.

8.2.11 The Supreme Court must consider the cassation complaint within 30 days from the moment of commencement of cassation proceedings, but in practice, it may take longer.

8.2.12 It is important to understand the difference between the lifting of an interim measure, as described in section 8.1 above, and appellate proceedings as explained in this section 8.2. While an application for lifting is considered by the same court that granted interim measure, the appeal against an order imposing interim measure is considered by the court of appeal. In addition, the appellate proceedings are much lengthier and subject to a court fee. 

8.2.13 However, in practice, courts are often reluctant to lift the interim measures they granted and thus an appeal is likely to be a more effective remedy against an interim measure.

9.1.1 A court order granting interim measures is subject to immediate enforcement in accordance with the same procedures as applicable to other court judgments. In order to be enforced, the order has to be filed with a competent enforcement officer, as a general rule, at the location of the respondent or where the respondent’s property, which is subject of the order, is located. 39 Law of Ukraine "On Enforcement Procedure", art 24.

9.1.2 The specific course of enforcement of the interim measures order depends upon the type of interim measures granted by the court. 

9.1.3 For example, when enforcing an interim measure issued in the form of a freezing order, it has to be registered by the enforcement officer as a public encumbrance on the property in question.

9.1.4 When enforcing an order requiring a party to do or refrain from doing certain acts, the enforcement officer shall check the progress of performance of that order no later than three days from the moment of commencement of enforcement proceedings. 40 Law of Ukraine "On Enforcement Procedure", art 63(1).   If the party fails to do or refrain from doing what it is required to, the enforcement officer shall impose a fine on the non-compliant party and check the performance again in ten business days. 41 Law of Ukraine "On Enforcement Procedure", art 63(2).  If the party fails to comply with the order again, the enforcement officer may terminate the enforcement proceedings and submit a criminal complaint to police with respect to non-compliance by the party with a court order (which is a criminal offence in Ukraine). 42 Law of Ukraine "On Enforcement Procedure", art 63(3).

9.2.1 There are no provisions in the CoPC or CPC specifically dealing with the enforcement of interim measures issued by foreign courts. Current practice of the Ukrainian courts on this matter, although rather limited, suggests that foreign court awards granting interim measures (e.g. freezing orders) are from time to time enforced in Ukraine as decisions of foreign courts. Such enforcement can be granted either on the basis of the treaty between Ukraine and the country in which the interim measures order was issued or, if such treaty is absent, on the basis of the principle of reciprocity. 43 CPC, art 462.

9.2.2 Ukraine has entered into treaties dealing with the enforcement of court judgments with various countries. As regards the EU, such treaties exist mainly with Central and Eastern European countries, such as Poland, Hungary, the Czech Republic, Bulgaria and the Baltic states.

9.2.3 The absence of a specific treaty does not automatically render the enforcement of an order on interim measures impossible. Enforcement may be granted based on the principle of reciprocity, which is deemed to exist unless there is evidence to the contrary. 44 CPC, art 462   In practice, it means that the Ukrainian court should enforce a foreign order for interim measures unless there is evidence that the courts of the country in which the order was made refused to enforce court judgments rendered in Ukraine. 

10.1.1 Ukrainian law vests the general appellate court having territorial jurisdiction over the respondent, his property or the arbitral tribunal (i.e., seated in Ukraine) to issue interim measures in support of international commercial arbitration based on an application of a party to the arbitration proceedings. 45 CPC, art 149.

10.1.2 The procedure for the filing of an application for interim measures in support of international commercial arbitration is subject to the same rules as described in the previous sections of this guide (including the rules on provision of security).

10.1.3 An application for such interim measures must be accompanied (in addition to evidence of payment of the court fee) by a copy of the statement of claim or any other document initiating the arbitration proceedings, evidence for having filed such document in the arbitration and a copy of the arbitration agreement. 46 CPC, art 151.

10.1.4 The interim measures ordered by a state court in support of international commercial arbitration shall remain in force until the case is decided by the arbitral tribunal or is otherwise terminated. 47 CPC, art 158.

10.1.5 Interim relief is also available at the stage of enforcement of a foreign arbitral award in Ukraine 48 CPC, art 477. and subject to the same procedure as described in the sections above, subject to the procedural specifics described in section 10.4 below.

10.2.1 The Law of Ukraine "On International Commercial Arbitration" ("Ukrainian Arbitration Act"), which is based on the 1985 version of the UNCITRAL Model Law on International Commercial Arbitration 49 United Nations Commission on International Trade Law, UNCITRAL Model Law on International Commercial Arbitration 1985: with amendments as adopted in 2006 (Vienna: United Nations, 2008). ,  permits arbitrators to grant interim measures at a party’s request 50 Ukrainian Arbitration Act, art 17. .  Such authority of the arbitral tribunal is also provided for in the Arbitration Rules of the two permanent arbitration institutions in Ukraine – the International Commercial Arbitration Court (ICAC) and the Maritime Arbitration Court (MAC), both attached to the Ukrainian Chamber of Commerce and Industry 51 Arbitration Rules of the ICAC, ch. V, art 25; and Arbitration Rules of the MAC, ch V, art 25. . 

10.2.2 An interim measure by an arbitral tribunal may be obtained at any stage of the arbitral proceedings, as well as before the proceedings commence. The ICAC President or the MAC President may grant interim measures at the party’s request before the arbitral tribunal is constituted 52 Arbitration Rules of the ICAC, ch. V, art 25; and Arbitration Rules of the MAC, ch V, art 25. .  The arbitral tribunal may grant interim measures after it is constituted.

10.2.3 However, interim measures issued by an arbitral tribunal seated in Ukraine are not subject to compulsory enforcement in Ukraine due to lack of respective legislative mechanisms for compulsory enforcement of such measures.

10.3.1 When it comes to the enforcement of interim measures issued by arbitral tribunals seated outside Ukraine, arguably they may be enforced in Ukraine under the New York Convention 53  United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958. in the event they are issued in the form of an award. This issue has not yet been definitively clarified in the practice of the Ukrainian state courts.

10.4.1 The CPC provides for the possibility for the creditor to request the court to order interim measures in the course of recognition and enforcement proceedings with respect to foreign court judgments and arbitral awards. A creditor under an arbitral award may apply for interim measures once a request for recognition and enforcement is filed with the state court. 54 CPC, art 477.

10.4.2 Interim measures may be granted by a state court at any time during consideration of the enforcement application if it can be demonstrated that absence of such interim measures may result in frustration of future enforcement of the award. 55 CPC, art 149.  The types of interim measures that are available in support of the enforcement are the same as those available in civil litigation. 56 Please refer to section 3 for more details.