The Arbitrability of Corporate Disputes in Ukraine
ASA Bulletin 1/2018
24 Pages Posted: 22 Mar 2018 Last revised: 31 Jul 2018
Date Written: March 19, 2018
Abstract
Corporate disputes encompass various fields of law and lately follow the trend of being arbitrated instead of being litigated. Different jurisdictions take different approaches as to whether or not corporate disputes are arbitrable. Whereas the U.S. has a rather liberal approach, Germany pursues a case-by-case approach. Eastern European states such as Russia and Ukraine, however, deem corporate disputes to be non-arbitrable. As of today, the arbitrability of corporate disputes remains a highly disputed legal topic. The arbitrability of corporate disputes is even more complicated when it comes to Ukraine because the arbitration law is insufficient and there are major shortcomings in the present case law. Additionally, the problem of arbitrability of corporate disputes as such is primarily based on the interpretation of Article 12 of the Ukrainian Code of Economic Procedure. The present article addresses this problem. First, it turns to a brief presentation of the historical development of the legal situation in Ukraine (B.). The authors then address the interpretation of the term “corporate dispute” and carry out an analysis of its scope (C.). Subsequently, the authors present the current legal developments, paying particular attention to the case law since 2013 (D.) before summarizing their findings and giving an outlook on legal developments (E.).
Keywords: Corporate Law, Comparative Law, Ukrainian Law, Arbitration, International Arbitration, International Commercial Arbitration
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