Ukrainian Courts Review Arbitrability Of Corporate Disputes

In its recently published judgment the High Specialised Court of Ukraine on Civil and Criminal Cases (the "High Specialised Court") reviewed the issue of the arbitrability of corporate disputes, as well as the arbitrability of claims that concern the establishment of the facts of a case. However, the findings of the third instance court raise more questions than answers. The final word on the arbitrability of such disputes and claims has not been said yet, as the case has been sent back for reconsideration to the first instance court.

History of the Problem

Ever since 28 December 2007 – when the Presidium of the High Commercial Court of Ukraine issued its Recommendations No.04-5/14 on the resolution of disputes arising out of corporate relations, which contained a prohibition against the referral of such disputes to arbitration – the issue of the arbitrability of corporate disputes has remained highly controversial in Ukraine.