The peace according to agreement or an arbitration court
In Ukraine, the arbitration courts are functioning since March 2004 when the Law of Ukraine "On arbitration courts" where adopted. Unfortunately, many managers and even heads of legal departments of insurance companies do not know which arguments are considered in the arbitration courts, how to prepare the documents, what is the procedure of making the decision and most important, what is the procedure of its execution.
In this article, we offer to focus more on these practical issues and let experts, specialists and managers of insurance companies to understand how simple and effective this tool is to protect their interests .
Today, according to the statistics of Ministry of Justice, there are about 400 permanent arbitration courts in Ukraine, but not more than 30 is really working. All courts are different and each court has its own specialization.
When you apply the arbitration court, the correctness of submitted documents is very important. The most important thing to be mentioned in the documents is a reference to a particular arbitration court. You must completely, without any abbreviations indicate the full name of the arbitration court.
The arbitration court, observing the legal requirements, decide the question of the existence of own competence for a particular case.
As opposed to the consideration of disputes in state court, the expenses in the arbitration court are minimized, as soon in state court you may be directed to all four instances and pay the legal costs several times. The decision of the arbitration court will be final.
The term of the dispute adjudication in arbitration court may not exceed 2 months. Only in exceptional cases, Chief Justice may extend the period of consideration.
As a rule, the period of consideration of the dispute in arbitration court is two weeks.
It's necessary to pay attention to fundamental difference between confirmation of a amicable agreement in arbitration court from confirmation in commercial or civil court. For example, in the commercial court, amicable agreement between the insurance companies will be confirmed by judgment, in a civil court by a determination. In arbitration process the amicable agreement confirmed by the decision.
The decision of the arbitration court is final and with no appeal, except the cases stipulated by the Law of Ukraine "On arbitration courts", as follows:
- in case if the decision of the arbitration court is not under the jurisdiction of the arbitration law according to law;
- in case if decision of the arbitration court made in a dispute not contemplated by the arbitration agreement, or the decision addressed the issues that go beyond the arbitration agreement;
- in case if the arbitration agreement recognized invalid by a competent court;
- in case if composition of the arbitration court which made the decision did not conform to legal requirements;
- in case if arbitration Court decided the question of the rights and obligations of persons not involved in the case.
In general, the appeals against decisions of the arbitration court are not frequent. The decision of the arbitration court made after examining all the circumstances and executed voluntarily, in appointed order and time period. If the period of execution is not appointed, it take effect immediately. The decision which is not executed voluntarily, need to be compulsory executed according to the law "On Enforcement Proceedings" in general terms.
Wish you success in business !
President of EACh