Hot Issue (#9-10 September-October 2021)

Recent Ukrainian Case Law on Trade Defence Remedies: “Hidden Reefs” to Be Taken into Account

by Anzhela Makhinova, Oleksandra Sandul

The year 2020 demonstrated that trade defence remedies (anti-dumping, countervailing and safeguards) were used around the globe to protect domestic markets most frequently. The above measures shall apply only following the results of the relevant preliminary investigation. Unfortunately, both WTO Agreements and the Laws of Ukraine1 do not regulate the procedure for conducting such investigations in sufficient detail. Therefore, the decisions of the Interdepartmental Commission on International Trade (government agency responsible for the application of the key decisions in the course of trade defence proceedings) (the “Commission”), as well as approaches of the Ministry of Economy of Ukraine (government agency responsible for procedural aspects of investigations) are quite often challenged in Ukrainian courts. This article is focused on the most recent case law setting out benchmark interpretations of the different aspects of trade defence investigations in Ukraine.

Anzhela Makhinova is a partner, head of international trade practice at Sayenko Kharenko

Oleksandra Sandul is a junior associate, international trade practice at Sayenko Kharenko

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