Arbitrability of Disputes Related to the Privatization of State-Owned Property in Ukraine

Russian Law Journal

Oleksandr Frolov¹ 

[1] Taras Shevchenko National University;

关键词: arbitrability;    privatization;    arbitration;    international arbitration;    international commercial arbitration;    state needs;    ICCA at the UCCI;    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry;    arbitration court;    arbitration tribunal;   

DOI  :  10.17589/2309-8678-2016-4-3-94-119

来源: DOAJ

【 摘 要 】

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. Author reached a conclusion that before the Law of Ukraine on Enactment of Some Laws of Ukraine Aimed at the Improvement of Privatization Process dated 16 February 2016 No. 1005-VIII entered into force disputes in relation to alienation to privatization objects could have been referred to 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 thatsome of the arguments against arbitrability of this category of disputes did not lose their relevance even after the said law entered into force.

【 授权许可】

Unknown