Article | Arbitrability of Disputes Related to the Privatization of State-Owned Property |
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Authors | Frolov O. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 6 / 2016 |
Pages | 167 - 187 |
Annotation | The article is devoted to the analysis of arbitrability of disputes between a privatization body and purchaser arising out of a sale and purchase agreement of a privatization object or relating thereto. By the author it is established that before entry into force of the Law of Ukraine from February 16, 2016 «About modification of some laws of Ukraine concerning privatization process improvement» disputes between privatization authority and the buyer concerning alienation of objects of privatization could be transferred to the international commercial arbitration. Based on the analysis of court practice in relation to sale and purchase agreements, which contained arbitration clauses, author reached a conclusion that some of the arguments against arbitrability of this category of disputes did not lose their relevance even after the said law entered into force. |
Keywords | arbitrability, privatization, arbitration, international arbitration, international commercial arbitration, state needs, International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, arbitration court, arbitration tribunal. |
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