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Arbitration Court at Corporation "Law Company "Business-Pravo Audit "
Registration Certificate № 2 of 28.10.2005.
2 apart., 51 Novorossiskaya ul., 99011,
ph. (+38 0692) 54-80-02, 54-34-95, 55-95-95
ALTERNATIVE RESOLUTION OF DISPUTES
Arbitration Court is a non-state independent body, which is formed by an agreement or an appropriate decision of the interested physical and/or juridical entities for the solution of disputes arising from the civil and economic legal relationship.
KINDS OF ARBITRATION COURTS
• permanently acting arbitration courts, established within the trade or branch-wise unions employers' associations
• ad hoc arbitration courts, established for the consideration of the particular dispute
SPECIFIC FEATURES OF ARBITRATION PROCEEDINGS
Possibility of choosing by a dispute-involved party of an independent judge, who, from their point of view, is the most competent, impartial, qualified and specialized in the appropriate field of law.
Attention!!! The judges, who are chosen or appointed as arbitration judges, do not represent the interests of the parties and are not authorized to directly or indirectly be interested in the outcome of the dispute.
• short-term disputes' discussion: up to two months, as a rule.
• confidentiality of the arbitration proceeding (holding of open sessions, i.e. in the presence of persons, who do not represent the parties (for instance, representatives of mass media), is possible only with the parties' consent, i.e. possibility of giving publicity to the circumstances and details, considered by the parties to be kept in secret, is minimized.
• possibility to involve in the arbitration proceedings for the representation purposes the specialists of the law companies or privately practicing lawyers, who, due to limitations specified in economic and procedural law, are not authorized represent the parties at the session of the court of economic relations.
• free-will execution of the great majority of judgments that enables to preserve partnership relations between the parties disputed. At the same time, the judgments of arbitration courts may be enforced by the state executive service.
• judgment of an arbitration court possesses a definite legal stability and can not be reviewed on a basis similar to appellate, cassational or supervisory procedure.
!!! Possibility of contesting and cancellation by the state court of economic relations only in cases of gross violation of the court procedure is allowed.
COMPETENCE
Permanently acting at Corporation "Law Company "BUSINESS-PRAVO AUDIT"
1) on the disputes regarding the invalidation of normative-legal acts;
2) on the disputes arising during the conclusion, changing, annulment and execution of economic contracts related with the satisfying of the state needs;
3) on the disputes related with the state secrets;
4) on the disputes arising from the family legal relationships, except the cases on the disputes arising from the marriage contracts (agreements);
5) on the restoration of the debtor's solvency or recognition him bankrupt;
6) in which one of the parties represent the state authorities, local authorities, state department or organization, governmental enterprise;
7) which, in compliance with a law, are subject to solution exclusively by the courts of general jurisdiction or Constitutional Court of Ukraine;
8) when even if one of the parties is not a resident of
ARBITRATION AGREEMENT
Dispute may be transferred for consideration to
• arbitration reservation in an agreement, contract;
• separate written agreement in case of
Arbitration reservation, recommended for including in agreements:
«All disputes or contradictions arising between the parties concerning the present contract or in connection with it, including those related with its execution, are settled in the Permanently acting Arbitration Court at the Corporation "Law Company "BUSINESS-PRAVO AUDIT" (2 apart., 51 Novorossiskaya ul., Sevastopol) in compliance with its Regulations.
Judgment of the Permanently acting Arbitration Court at the Corporation "Law Company "BUSINESS-PRAVO AUDIT" is final and without appeal, except the cases, specified in the Regulations of the Permanently acting Arbitration Court at the Corporation "Law Company "BUSINESS-PRAVO AUDIT".