When an arbitration court can be liquidated due to registration violations – explanation

Founders of permanent arbitration courts are obliged to register changes to the regulations, rules, or list of arbitrators in the Unified State Register within 15 days. In case of non-compliance or detection of false information, the registration authority applies to the court for termination of such arbitration court's activity.

As explained by the State Registration Department of the Cabinet of Ministers of Ukraine Ministry of Justice, according to Article 9 of the Law of Ukraine "On Arbitration Courts," a permanent arbitration court is subject to state registration in the manner prescribed by the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Formations."

In case of changes to the Regulations of the permanent arbitration court and/or the arbitration court rules, or the list of arbitrators, the founder of the permanent arbitration court must ensure that these changes are entered into the information about the permanent arbitration court in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations within 15 days from the date of the relevant decision.

If the founder does not comply with this requirement or if false information is found in the documents submitted for state registration within three years from the date of registration of the permanent arbitration court, the registration authority is obliged to apply to the court with a request to terminate the activity of such arbitration court.

For state registration of changes to the information about the permanent arbitration court contained in the Unified State Register, according to part two of Article 20 of the Law, the following documents are submitted:

• an application for state registration of changes to the information about the permanent arbitration court (application for state registration of a public formation without legal entity status – form 6 dated 03.09.2024, approved by the order of the Ministry of Justice of Ukraine dated 18.11.2016 No. 3268/5 "On Approval of Application Forms in the Field of State Registration of Legal Entities, Individual Entrepreneurs and Public Formations," registered with the Ministry of Justice of Ukraine on 18.11.2016 under No. 1500/29630, as amended);
• a copy of the original (or notarized copy) of the decision of the authorized management body of the founder on making changes to the information about the permanent arbitration court contained in the Unified State Register;
• founding documents of the permanent arbitration court (regulations, arbitration court rules) in the new edition – in case of changes related to founding documents;
• list of arbitrators in the new edition – in case of changes to the composition of arbitrators;
• a copy of the founder's charter.

Article 10 of the Law of Ukraine "On Arbitration Courts" establishes that the Regulations of the permanent arbitration court and the arbitration court rules are approved by its founder and are subject to publication.

The Regulations of the permanent arbitration court must contain information about its name, location, information about the founder, composition, competence and procedure for creating self-governing bodies of arbitrators, procedure for electing the head of the arbitration court, grounds and procedure for terminating the arbitration court's activity. It may also contain other provisions that the founder considers necessary to ensure proper operation of the arbitration court in accordance with the Law.

The procedure and rules for hearing cases in permanent arbitration courts are determined by this Law and the arbitration court rules. The rules must define the procedure and rules for applying to the arbitration court, the procedure for forming the arbitration court panel, dispute resolution rules, as well as other issues within the competence of the arbitration court under the Law. The rules may contain provisions not provided for by the Law but which do not contradict the principles of organization and operation of the arbitration court and are necessary for proper exercise of its powers.

Lists of arbitrators of permanent arbitration courts must contain the following information about each arbitrator: date of birth, education, obtained specialty, last place of work, total work experience, work experience in the specialty (Article 8 of the Law of Ukraine "On Arbitration Courts").

Requirements for document formatting are defined by Article 15 of the Law. The regulations, rules, and list of arbitrators of the permanent arbitration court must contain information prescribed by law and fully comply with it. Changes to the regulations, rules, or list of arbitrators are made by restating these documents in a new edition. The application for state registration must be signed by the applicant. If the application is submitted by mail, the authenticity of the applicant's signature must be notarized.

Until the software of the Unified State Register is improved to fully provide the technical capability to enter information about public formations as stipulated by Article 9 of the Law, information regarding state registration of permanent arbitration courts is entered into the Unified Register of Public Formations.

After state registration of changes to the information about the permanent arbitration court, in case of changes to the founding documents, the state registrar provides the founding documents (regulations, rules) in paper form by making copies with the registrar's signature and seal on each page, along with a copy of the relevant registrar's decision.

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