Arbitrability Of Disputes Under Public Procurement Contracts In Ukraine: Recent Court Practice

Recent judgments of the Ukrainian courts have again attracted attention to the issue of arbitrability, which remains under debate both in theory and in practice in Ukraine. This time court practice deals with disputes arising out of the so-called "commercial contracts related to satisfaction of the state's needs" ("Public Procurement Contracts").

The judgments discussed in this article shed some light on the scope of the term "state needs", which remains undefined in Ukrainian legislation. But, most importantly, they tend to confirm the arbitrability of such disputes under Ukrainian legislation currently in force.

This finding may have a much more far-reaching effect considering the fact that a provision of the Code of Commercial Procedure of Ukraine (the "CCP"), which imposes restrictions on the arbitrability of disputes arising under Public Procurement Contracts, also deals with corporate disputes.