The issue of arbitrability, i.e. capability of a dispute to be
referred to arbitration, is traditionally highly debated in
Ukraine. However, those debates concern mainly corporate disputes
and disputes arising out of public procurement contracts, thereby
leaving competition law issues without the attention they deserve.
The majority of European jurisdictions consider certain competition
law issues arbitrable, although their national legislation and EU
law is not that straightforward. One of the exceptions, in terms of
the form, but not the essence, is the Swedish Arbitration
Act, which sets out that "Arbitrators may rule on the
civil law effects of competition law as between the parties".
It is fair to say that this rule reflects the general approach of
many other European jurisdictions as is supported by respective
arbitration and court practice. This article considers whether
Ukraine can also follow the mentioned approach.
