COURT OF PRIVATE ARBITRATION

It is a non-state independent institution, which is created by engagement or an appropriate decision of interested individuals and/or legal entities in the manner prescribed by the Law to resolve disputes arising from civil and economic relations. This is how the Law interprets it.
Simply stated, it is an arbitration court where arbitrator is chosen by the parties to resolve their dispute.
The Court of Private Arbitration is permanent and was created in March, 2007 under the ASSOCIATION “BUSINESS PARTNERS GROUP”, in recognition thereof a certificate of the Ministry of Justice of Ukraine dated 05.03.2007 No. 10 was issued.

Of course, the parties of the conflict, giving the right to independent arbitrator to judge them, must be absolutely sure as follows: on parity basis in winning, on competence of judge in the subject of the dispute, on acceptance of all evidences provided and finally the fact that ultimately fair and objective decision will be taken. It is the principles on which the Court of Private Arbitration under the “BUSINESS PARTNERS GROUP” ASSOCIATION is functioning. Independent arbitrators qualified lawyers and advocates helping business representatives to resolve their economic conflicts, and individuals’ civil disputes.

The rules by which the Court of Private Arbitration is guided in disputes resolving

First of all, arbitration courts resolve conflicts on the basis of the Constitution and Laws of Ukraine, other normative legal acts and international treaties of Ukraine. In specific cases, the legal rules of foreign states may be applicable. However, if the legislation does not regulate the disputed issue or similar legal relations, then the court may apply the analogy of Law or be guided by trade and other customs that are inherent in a certain conflict in terms of content and nature.
The documents that define procedural functioning of the Court of Private Arbitration are the Rules and Regulations.

Who and on which cases has access to the Court of Private Arbitration

Any physical person or legal entity, organization has the right to apply to the arbitration court, having previously concluded an arbitration agreement with the counterparty. The possibility of such an appeal is either provided for in the main agreement (in the form of an arbitration clause), or when it is approved in a separate written agreement. Samples of arbitration agreements can be downloaded on our website in the section “Arbitration agreement (clause)”.
In addition, the arbitration agreement can be concluded by exchanging letters, messages through communication means that ensure the fixation of the agreement, or sending a response to the claim, in which one of the parties confirms the existence of an agreement, and the other does not object it.
Legal entities and/or individuals have the right to refer any dispute arising from civil or economic relations to the arbitration court, except as otherwise provided by Law.

For example, the competence of arbitration courts includes the disputes resolving regarding non-fulfillment or improper fulfillment of obligations arising from such transactions:

  • contracts of bank loans and deposits;
  • contracts of any interbank transactions;
  • contracts of operations with securities, precious metals;
  • contracts of surety, pledge, factoring, commission;
  • insurance and investment agreements;
  • SPA, donation, exchange;
  • lease and leasing agreements;
  • contracts for work and labor, provision of services, delivery;
  • agreements on the use of intellectual property rights.

As well as disputes arising:

  • on doing business;
  • due to changes in the terms of contracts (agreements);
  • upon recognition of the agreement null and void;
  • upon termination of the contract;
  • on penalties, debts & losses collecting.

The following cases are an exception and cannot be resolved by the Court of Private Arbitration:

  • on invalidation of normative legal acts;
  • disputes arising from the conclusion, amendment, termination or implementation of business contracts related to the state needs;
  • connected with state secrets;
  • disputes arising from family legal relations, except for cases when they are regulated by a marriage contract;
  • on restoration of the debtor’s solvency or declaring bankrupt;
  • in which one of the parties is a state authority and/or local self-government, their official or officer, another authority, agency or public officer on the basis of legislation;
  • disputes in relation to real estate, in particular land plots;
  • on the establishment of legal facts;
  • disputes arising from labor relations;
  • concerning corporate relations in disputes between a business company and its participant, founder, shareholder;
  • subject to decision exclusively by courts of general jurisdiction or the Constitutional Court of Ukraine;
  • in which at least one party is a non-resident of Ukraine;
  • in which the execution of a court decision will require the performance of appropriate actions by state authorities, local self-government bodies, their officials or officials and other entities in the exercise of their power management functions on the basis of legislation;
  • disputes over consumer protection.

Rules of the Permanent Court of Private Arbitration under the ASSOCIATION ``BUSINESS PARTNERS GROUP``

Rules of the  Permanent Court of Private Arbitration  under the ASSOCIATION “BUSINESS PARTNERS GROUP”

Regulations on Permanent Court of Private Arbitration under the ASSOCIATION ``BUSINESS PARTNERS GROUP``

Regulations on  Permanent Court of Private Arbitration  under the ASSOCIATION “BUSINESS PARTNERS GROUP”

Certificate of registration of Permanent Court of Private Arbitration under the ASSOCIATION ``BUSINESS PARTNERS GROUP``

Certificate of registration of  Permanent Court of Private Arbitration