of May 11, 2004 No. 1701-IV
About reference tribunals
This Law regulates procedure for education and activities of reference tribunals in Ukraine and establishes requirements for arbitration consideration for the purpose of protection of the property and non-property rights and the interests of physical persons and legal entities protected by the law.
Any dispute arising from civil and economic legal relationship except the cases provided by the law can be by agreement of the parties transferred to reference tribunal.
If the existing international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes other procedure for the organization, activities and the dispute resolution by reference tribunal, than established by this Law, then regulations of the international treaty are applied.
Operation of this Law does not extend to the international commercial arbitration.
In this Law the stated below terms are used in the following value:
reference tribunal - non-state independent body which is formed under the agreement or the relevant decision of the interested physical persons and/or legal entities according to the procedure, established by this Law, for the dispute resolution, arising from civil and economic legal relationship;
the arbitration judge - the physical person designated or elected by the parties in the procedure approved by the parties or appointed or elected according to this Law for the dispute resolution in reference tribunal;
arbitration - process of the dispute resolution and decision making by reference tribunal;
the arbitration agreement - the agreement of the parties on transfer of dispute on permission reference tribunal;
regulations of permanent reference tribunal (further - regulations of reference tribunal) - the document which determines procedure and dispute resolution rules in reference tribunal, rules of the appeal to reference tribunal, procedure for forming of structure of reference tribunal, other questions connected with the dispute resolution reference tribunal;
the parties of arbitration (further - the parties) - the claimant and the defendant. Claimants are physical persons and legal entities which made the claim for protection of the violated or disputed rights or interests protected by the law. Defendants are physical persons and legal entities on which claims are imposed;
competent authority - governing body of the legal entity which according to its charter or provision has power of decision about formation of permanent reference tribunal, to approve Regulations on permanent reference tribunal, regulations of reference tribunal and lists of arbitration judges;
competent court - local general court or local economic court in the place of consideration of the case by reference tribunal;
structure of reference tribunal - staff of reference tribunal which considers specific case;
Arbitration chamber of Ukraine - permanent body of self-government of arbitration judges.
Task of reference tribunal is protection of the property and non-property rights and the interests of physical persons or legal entities protected by the law by comprehensive consideration and the dispute resolution according to the law.
The reference tribunal is formed and operates on the principles:
2) independence of arbitration judges and subordination only to their law;
3) equalities of all participants of arbitration before the law and reference tribunal;
4) competitivenesses of the parties, freedoms in representation by them to reference tribunal of the proofs and in proof before court of their persuasiveness;
5) obligation for the parties of decisions of reference tribunal;
6) voluntariness of formation of reference tribunal;
7) the voluntary consent of arbitration judges to their appointment or election on specific case;
9) self-government of arbitration judges;
10) comprehensiveness, completeness and objectivity of the dispute resolution;
11) assistance to the parties in achievement of the voluntary settlement by them at any stage of arbitration.
Legal entities and/or physical persons have the right to transfer to permission of reference tribunal any dispute arising from civil or economic legal relationship except the cases provided by the law. The dispute can be transferred to permission of reference tribunal in the presence between the parties of the arbitration agreement conforming to requirements of this Law.
The dispute can be transferred to permission of reference tribunal before adoption of the decision by competent court on dispute between the same parties, in the same subject and of the same bases.
Reference tribunals according to the procedure, provided by this Law, can consider any cases arising from civil and economic legal relationship, except for:
1) cases on disputes on recognition invalid regulatory legal acts;
2) cases on the disputes arising in case of the conclusion, change, termination and accomplishment of the economic agreements connected with satisfaction the state needs;
3) the cases connected with the state secret;
4) cases on the disputes arising from family legal relationship except cases on the disputes arising from marriage contracts (agreements);
5) cases on recovery of solvency of the debtor or recognition by his bankrupt;
Put 6), one of the parties in which is the public authority, local government body, their official or the official, other subject during implementation of imperious managerial functions by it based on the legislation, including in pursuance of the delegated powers, public institution or the organization, the state company;
7) cases in disputes on the real estate, including the parcels of land;
8) cases on establishment of the facts having legal value;
9) cases in the disputes arising from employment relationships;
10) the cases arising from the corporate relations in disputes between economic society and its participant (the founder, the shareholder) including the participant who was disposed, and also between members (founders, shareholders) of the economic societies connected with creation, activities, management and the termination of activities of these societies;
11) another matters which according to the law are subject to permission only courts of law or the Constitutional Court of Ukraine;
Put 12) if at least one of the parties of dispute is nonresident of Ukraine;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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