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Article Reform of the National Procedural Legal System: Offers to the Draft Law № 6232 on Amendment of the International Commercial Court
Authors Frolov O.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 6 / 2017
Pages 164 - 192
Annotation

The article is devoted to the doctrinal analysis of the draft Law № 6232 On Amendment of the Commercial Procedure Code of Ukraine, Civil Procedure Code of Ukraine, Code of Administrative Procedure of Ukraine and Other Legislative Acts in part of international commercial arbitration. The author, basing his conclusions on the analysis of the most recent developments in the foreign legal science, suggests a number of specific changes to the draft Commercial Procedure Code of Ukraine in part of international commercial arbitration and, among others, suggested to expel from the draft Law № 6232 a provision, which establishes a non-arbitrability of categories of disputes outlined by the legislator therein. Also, the author suggested changes, which are, if implemented, will allow to ensure a truly pro-arbitration approach to the interpretation of arbitration agreements. Moreover, in light of the need to ensure the equilibrium between the possibility of violation of a right for a court – in case the choice of procedural model of referring to arbitration by way of termination of proceedings – and the possibility of procedural sabotage by way of filing multiple claims in matters covered by the scope of an arbitration agreement (when it comes to the leaving the claim without consideration), the author arrived at the opinion on the need for the change in the procedural model of referring the parties to arbitration from the termination the proceedings without prejudice to the stay of proceedings.

Keywords arbitration, arbitration agreement, arbitration clause, arbitration court, arbitration tribunal, international arbitration, international commercial arbitration, arbitrability, privatisation, privatization
References
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