Changes in the activities of arbitration courts

The Verkhovna Rada registered Bill № 3411 dated 29.04.2020 "On Amendments to Certain Laws of Ukraine (on Improving the Procedure for the Establishment and Activity of Arbitration Courts in order to Restore Confidence in Arbitration)".

The amendments to the provisions of the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Associations" provide for:

  • change in the procedure for state registration of arbitration courts (in particular, the Ministry of Justice of Ukraine has been designated as the sole subject of state registration of permanent arbitration courts);
  • strengthening the requirements for organizations that may establish permanent arbitration courts (such organizations must be non-profit and included in the Register of non-profit institutions and organizations, and the term of their activities from state registration as a legal entity to the decision to establish an arbitration court should be more than years);
  • expansion of the powers of the Arbitration Chamber of Ukraine, (its powers will include establishing the compliance of the founder of the established permanent arbitral tribunal with the requirements of the Law and providing an opinion, and in case statement);
  • expanding the jurisdiction of cases that may be considered by arbitration courts (granting the right to consider disputes in real estate cases, as well as clarifying the competence of the arbitration court in terms of consideration of cases in disputes concerning consumer protection). These provisions will come into force in 3 years from the date of entry into force of the Law.

In addition, Section II "Final and Transitional Provisions" of the draft law provides for the re-registration of permanent arbitration courts in accordance with the new requirements of the Law.

Please note that the activities of permanent arbitration courts, which do not apply to the state registration body within the prescribed period, in accordance with the proposed changes will be terminated in court.

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