Arbitrability of Corporate Disputes in Ukraine

Abstract

Recently, with the introduction of the Law No. 1076- VI dated March 5, 2009, the issue of arbitrability of corporate disputes has once again become highly controversial in Ukraine, reminiscent of the discussions which took place in 2007–2008 following the Recommendations of the High Commercial Court of Ukraine of December 28, 2007. This time corporate disputes became non-arbitrable as a matter of law. This article briefly analyzes the true reasons behind the legislative amendments as well as their particular scope. Despite the broad definition of a corporate dispute, share purchase agreements are still not covered by it and are thus fully arbitrable.