Arbitration Court in Ukraine — Who Can Establish It and How to Pass State Registration
Businesses and citizens increasingly seek ways to resolve disputes without lengthy court proceedings, significant expenses, and complex bureaucratic procedures. One such mechanism is a permanent arbitration court — an independent non-governmental body that allows the consideration of civil and commercial disputes by agreement of the parties. To establish such a court, the legislation provides a separate state registration procedure and defines the list of documents required for it.
What is an arbitration court and why is it established
According to the legislation, an arbitration court is a non-governmental and independent body. It is created by the voluntary consent of individuals or legal entities and serves as an alternative to courts of general jurisdiction.
The main task of the arbitration court is a comprehensive, impartial, and lawful consideration of disputes arising from civil and commercial legal relations, ensuring the protection of the property and non-property rights of the parties.
Who performs the state registration of a permanent arbitration court
The procedure for state registration depends on the organization under which the arbitration court is established.
The Ministry of Justice carries out the state registration of arbitration courts established by nationwide public organizations, nationwide employers' associations, and creative unions.
At the same time, the territorial bodies of the Ministry of Justice register arbitration courts founded by local or regional organizations, as well as chambers of commerce and industry, exchanges, and other legal entities.
What documents are required for the registration of an arbitration court
The state registration procedure is regulated by the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Formations."
According to Article 20 of this Law, for the state registration of a permanent arbitration court, it is necessary to submit:
- an application for state registration of a permanent arbitration court (form 6);
- a copy of the original or a notarized copy of the decision of the authorized management body of the founder on the establishment of the arbitration court;
- the founding documents of the arbitration court (charter and regulations);
- a list of arbitrators;
- a copy of the founder's charter of the arbitration court.
The arbitration court is not only an alternative to the state judicial system but also a tool that allows businesses and citizens to resolve disputes more promptly, ensuring confidentiality and professional case consideration.
For the successful establishment of a permanent arbitration court, it is necessary to properly prepare the founding documents, form a list of arbitrators, and determine the body authorized to carry out state registration.
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