Article title Areas of Improving Procedural Legislation of Ukraine Regarding Judicial Assistance to and Control over International Commercial Arbitration
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12/2014
Сторінки [37-43]
Annotation The article describes major problems and gaps in procedural legislation of Ukraine in the field of international arbitration. The author offers the ways to improve legislation for providing assistance to and exercising control over international arbitration by the state courts. In particular, the author suggests reducing the number of court instances in charge for control functions two instances. The article substantiates necessity to set out special procedure for setting aside arbitral awards and allowing the parties to arbitration agreement to limit or exclude recourse against arbitral award in a dispute between them. The author emphasizes the necessity to adopt the procedural rules for court assistance in taking evidence for arbitral proceedings as well as for granting interim measures in support of arbitration by the state courts, and notes the importance of formation of arbitration friendly court practice in enforcement and interpretation of arbitration clauses. The article also contains a discussion on necessary amendments to the Ukrainian legislation for compliance with arbitral awards and enforcement there of, including solutions of the problematic issues of interests under arbitral awards and currency of enforcement of arbitral awards.
Keywords court control over international arbitration, court assistance to international arbitration, setting aside arbitral awards, interim measures in support of arbitration, enforcement and interpretation of arbitration clauses by the courts
References