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UKRAINE 6 B
High Commercial Court of Ukraine, 16 September 2014
(Ministry of Infrastructure of Ukraine et al. v. PJSC “Ukraine International Airlines”)
UKRAINE 6 B
See also Kyiv City Commercial Court, 26 June 2014
(Ministry of Infrastructure of Ukraine et al. v. PJSC “Ukraine International Airlines”)
UKRAINE 6 A
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.