Lawyer: Recommended procedure for appeal against arbitration courts’ decisions creates legal collision
Kyiv. September 9, 2010
“The procedure for appeal of arbitration courts’ decisions, being on the anvil in the Verkhovna Rada and should be adopted, would create legal collision as the recommended amendments into the Code of Civil Procedure of Ukraine mismatch the provisions of the Code of Commercial Procedure of Ukraine and the Law “On Arbitration Courts”, Associate of Volkov Koziakov & Partners Mykhailo Spasov believes."Should the Code of Commercial Procedure not be respectively amended, there would arise a distorted interpretation of the provisions of the Law “On Arbitration Courts” that are applicable to competence of local commercial courts as an instance for appeal against arbitration courts’ decisions and enforcement documents issue", Mr. Spasov informed to Interfax-Ukraine, having commented upon the draft law that is based on by the Parliament in consideration of the procedure for appeal against arbitration courts’ decisions.
The Associate believes that in such case a litigant dissenting from a commercial court’s decision would have good reasons to appeal against such decision and/or an enforcement document issued by the court, pleading the violation of jurisdiction rules.
Mr. Spasov emphasized that it is possible to avoid such collisions by means of amendments introduced into the Law “On Arbitration Courts”. More specifically, it is necessary to provide local courts with exceptional powers in accepting complaints against respective arbitration courts’ decisions as well as in issuing enforcement documents on such decisions.
Today the issues concerning appeal against arbitration courts’ decisions and issue of enforcement documents on their decisions are regulated in Ukraine by the Law “On Arbitration Courts".
Reportedly, the Verkhovna Rada of Ukraine supported the draft law, regulating the issues of appeals against an arbitration court’s decision and issuance of writs of execution for an arbitration court’s decision, in the first reading.
The Draft Law appends the Civil Code of Ukraine with rules regulating the procedure of appeal against arbitration courts in the local courts of general jurisdiction, as well as the procedure of issuance of writs of execution for an arbitration courts’ decisions.
The Draft Law, inter alia, determines jurisdiction of appeals against decisions of arbitration courts, form and content of appeals against a decision of arbitration court, as well as a declaration for issuance of a writ of execution allowing for enforcement the decision, procedure and trial and grounds for revocation of arbitration courts’ decisions.