Ukraine

[...] Section VI discusses a recent controversial decision by a Ukrainian court prohibiting a party from proceeding with an international arbitration in another jurisdiction. The court simply applied general provisions for interim measures.73 However, interim measures cannot be used in declaratory j...

Full description

Saved in:
Bibliographic Details
Published in:The International lawyer 2011-04, Vol.45 (1), p.581
Main Authors: Astapov, Andrey Y, Beketov, Oleh A, Brown, Scott, Burd, Gene M, Evseev, Dmitri, Nazarova, Irina, Petrov, Yaroslav, Shcherbyna, Olena, Shkvorets, Yaroslav, Sorochinskiy, Nikolai
Format: Article
Language:English
Subjects:
Arbitration
Court decisions
Declaratory judgments
Excise taxes
Investments
Joint stock companies
Printing industry
Tax cuts
Tax rates
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:[...] Section VI discusses a recent controversial decision by a Ukrainian court prohibiting a party from proceeding with an international arbitration in another jurisdiction. The court simply applied general provisions for interim measures.73 However, interim measures cannot be used in declaratory judgment matters, such as the present case.74 Second, the Ukrainian Constitution guarantees every person the right to protect his or her rights and freedoms by any means not prohibited by law.75 That right also includes the right to submit contractual disputes to international arbitration specifically provided for by the International Arbitration Law.76 Furthermore, courts are prohibited from intervening in the arbitration matters unless specifically permitted by the Arbitration Law.77 At the same time, no provisions of the Arbitration Law provide for the power of the court to prohibit or suspend arbitration proceedings. [...] the court decision is inconsistent with basic rules established by the Ukrainian Constitution and the Arbitration Law.
ISSN:0020-7810
2169-6578