Amici Curiae Brief to the Commercial Court of Cassation as part of the Supreme Court regarding case No. 910/8659/23
On 18 December 2023, the UAA working group submitted an opinion (Amicus Curiae Brief) collectively prepared by independent specialists to the Commercial Court of Cassation as part of the Supreme Court regarding case No. 910/8659/23.
In our opinion, this case raised important issues of the arbitrability of disputes, the resolution of which by the court is of great importance for the development of arbitration in Ukraine, the perception of Ukraine as a jurisdiction friendly to arbitration and pro-arbitration practice regarding the consequences of concluding arbitration agreements.
As a result, the Supreme Court ruled in favor of the interpretation of the arbitrability of disputes, which, among other things, the UAA working group recommended in its opinion. Thus, the Supreme Court confirmed that Article 30 of the Commercial Procedure Code of Ukraine does not establish restrictions on the arbitrability of disputes, but instead regulates the issue of determining the territorial jurisdiction of the commercial court.
The full text of the opinion can be found HERE.