Article | The Future of Arbitration in Ukraine in the Context of Reform of Procedural Legislation |
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Authors |
Selivon M.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 8 / 2017 |
Pages | 109 - 121 |
Annotation | The article is devoted to the analysis of the novels concerning the international commercial arbitration contained in prepared for consideration by the Verkhovna Rada of Ukraine in the second reading of the drafts Civil Procedure and the Commercial Procedure Codes of Ukraine. Attention is stressed on the fact that it is for the first time that the procedural legislation systematically regulates fulfillment by the courts functions of promotion (taking security measures to the claim filed in the arbitration, securing of evidence) and control (reviewing of applications for challenging of the arbitral award and it’s enforcement) in relation to arbitration and transfer of performing such functions on the appeal level of the courts. The importance of new provisions for establishing a pro-arbitration climate and increasing the investment attractiveness of Ukraine is underlined. |
Keywords | international commercial arbitration, courts, functions of promotion and control in relation to arbitration, arbitrability of disputes |
References | |
Electronic version | Download |