General Framework
Commercial disputes in Ukraine are resolved within a structured legal system based on civil law principles. The primary sources governing dispute resolution include the Commercial Procedural Code, Civil Procedural Code, and Law on International Commercial Arbitration. Ukraine’s judiciary operates under the Constitution, and international treaties ratified by Ukraine form part of the national legal system.
Despite the ongoing armed conflict, Ukraine’s courts continue to function nationwide, with procedural adaptations allowing for remote hearings and electronic filings where necessary.
Court System for Commercial Disputes
Commercial (business-to-business) disputes are handled by specialized commercial courts, which have exclusive jurisdiction over disputes between legal entities and private entrepreneurs arising from commercial activities.
The court system consists of three levels:
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Local Commercial Courts – first instance;
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Commercial Courts of Appeal – appellate review;
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Commercial Cassation Court within the Supreme Court – final instance.
Commercial courts commonly hear disputes related to:
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contracts and commercial transactions;
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corporate governance and shareholder disputes;
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debt recovery and insolvency;
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real estate and construction projects;
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intellectual property and unfair competition.
Procedural Features
Commercial litigation in Ukraine is largely written-procedure-based, with strict procedural deadlines.
Key features include:
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mandatory pre-trial procedures in certain categories of disputes;
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electronic court system (“e-Court”) for filings and case tracking;
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availability of interim measures (e.g., asset freezing, injunctions);
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enforcement proceedings conducted by state or private enforcement officers.
Court fees are generally moderate compared to many EU jurisdictions and depend on the claim value.
Enforcement of Court Judgments
Final court judgments are enforceable throughout Ukraine. Enforcement is carried out by State enforcement officers, or Licensed private enforcement officers (widely used in commercial matters).
While enforcement may face practical challenges, particularly in wartime-affected regions, enforcement mechanisms remain functional, and private enforcement officers have improved efficiency in commercial cases.
Arbitration in Ukraine
Ukraine has a well-established national arbitration institution – the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC at the UCCI) – which has jurisdiction over disputes involving a foreign element and is recognized as one of the leading arbitration centers in Eastern Europe.
Ukraine is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ensuring recognition and enforcement of foreign arbitral awards.
Ukrainian companies and foreign investors also frequently refer disputes to major international arbitration institutions, including the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
Ukraine has extensive experience in international arbitration, including investment arbitration proceedings against the Russian Federation, particularly in disputes related to Crimea and the ongoing armed conflict. Ukrainian parties have obtained a number of favorable arbitral awards, reinforcing the role of international arbitration as a key mechanism for protecting investment and commercial interests.
Alternative Dispute Resolution (ADR)
Mediation and settlement are legally recognized and increasingly encouraged by courts. Judges may propose amicable settlement during proceedings, and court-approved settlements are enforceable.
While ADR is still developing compared to some EU jurisdictions, its use is growing, particularly in commercial and cross-border disputes.
Investor Considerations and Outlook
For foreign investors and international businesses, Ukraine offers established and internationally integrated mechanisms for resolving commercial disputes. Specialized commercial courts, access to interim relief, and effective enforcement through state and private enforcement officers provide a functioning judicial framework for domestic disputes.
In cross-border transactions, investors commonly rely on international arbitration clauses, careful selection of governing law, and the protections afforded by bilateral investment treaties (BITs). Ukraine’s participation in the New York Convention and its generally pro-enforcement approach to arbitral awards enhance legal certainty for foreign parties.
Ongoing judicial reforms, increased digitalization of court procedures, and alignment with EU legal standards continue to strengthen the dispute resolution environment. Despite wartime challenges, access to justice remains uninterrupted, and post-war reconstruction and EU accession are expected to further improve predictability, enforcement efficiency, and investor confidence.
Author: Gennadii Suslov, Attorney and Managing Partner at Suslov & Partners Law Firm
