State Registration of Changes to Information about a Permanent Arbitration Court: Key Features

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." This was reminded by the State Registration Department of the Cabinet of Ministers of Ukraine of the Ministry of Justice.

In case of amendments to the Regulations of the permanent arbitration court and/or the arbitration court's rules or the list of arbitrators of the permanent arbitration court, the founder of the permanent arbitration court must ensure, within 15 days from the date of the decision, that changes to the information about the permanent arbitration court contained in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations are made in the manner prescribed by law.

If the founder of the permanent arbitration court fails to comply with the requirements of the second part of this article or if false information is discovered within three years from the date of registration of the permanent arbitration court in the documents submitted for state registration, the authority that registered such arbitration court must apply to the court with a request to terminate its activities.

According to the second part of Article 20 of the Law, for state registration of changes to information about the permanent arbitration court contained in the Unified State Register, the following documents must be submitted: an application for state registration of changes to information about the permanent arbitration court contained in the Unified State Register (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 (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; the founding documents of the permanent arbitration court (regulations, arbitration court rules) in the new edition – if changes are made to the founding documents of the permanent arbitration court; the list of arbitrators in the new edition – if changes are made to the composition of arbitrators; a copy of the founder's charter.

Article 10 of the Law of Ukraine "On Arbitration Courts" stipulates that the Regulations of the permanent arbitration court and the arbitration court rules are approved by its founder and published.

The Regulations of the permanent arbitration court must contain information about its name, location, information about the founder of the arbitration court, the composition, competence, and procedure for creating self-governing bodies of arbitrators, the procedure for electing the head of the arbitration court, grounds and procedure for terminating the arbitration court's activities. The Regulations may contain other provisions deemed necessary by the founder to ensure the proper functioning of the arbitration court in accordance with this Law. The procedure and rules for hearing cases in permanent arbitration courts are established by this Law and the arbitration court rules.

The arbitration court rules must define the procedure and rules for applying to the arbitration court, the procedure for forming the arbitration court's composition, rules for resolving disputes by the arbitration court, and other issues within the arbitration court's competence under this Law. The arbitration court rules may contain provisions not provided for by this Law but that do not contradict the principles of organization and operation of the arbitration court defined by this Law and are necessary for the proper exercise of the arbitration court's powers in arbitration dispute resolution.

The lists of arbitrators of permanent arbitration courts must contain the following information about arbitrators: date of birth, education, acquired 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 preparation are provided by Article 15 of the Law, in particular, the regulations, rules, and list of arbitrators of the permanent arbitration court must contain information prescribed by law and comply with legislation; amendments to the regulations, rules, and list of arbitrators of the permanent arbitration court are formalized by restating them in a new edition; the application for state registration must be signed by the applicant. If the application for state registration is submitted by mail, the authenticity of the applicant's signature must be notarized.

According to the fourth paragraph of point 3 of the order of the Ministry of Justice of Ukraine dated 09.06.2016 No. 359/5 "On Approval of the Procedure for State Registration of Legal Entities, Individual Entrepreneurs and Public Formations without Legal Entity Status," registered with the Ministry of Justice of Ukraine on 09.06.2016 under No. 200/28330 (as amended), until the software of the Unified State Register is updated to ensure the technical capability to enter information about public formations in the volume provided by Article 9 of the Law, information about the state registration of permanent arbitration courts is entered into the Unified Register of Public Formations, the maintenance of which is regulated by the Regulations on the Unified Register of Public Formations, approved by the order of the Ministry of Justice of Ukraine dated 19.12.2008 No. 2226/5, registered with the Ministry of Justice of Ukraine on 22.12.2008 under No. 1220/15911 (as amended).

Additionally, we note that according to the sixth paragraph of subparagraph 1 of point 3 of 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), the founding documents of the permanent arbitration court (regulations, arbitration court rules) following the state registration of changes to information about the permanent arbitration court contained in the Unified State Register, if changes are made to the founding documents, are provided by the state registrar in paper form by making copies of such documents with the signature and seal of the state registrar on each page along with a copy of the relevant decision of the state registrar, drawn up in accordance with the law.

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