UKRAINE 12

Supreme Court of Ukraine, 1 November 2023, No. 910/3208/22

(Grain Power LLC v. Berezan Processing Plant LLC)

01 - 11 - 2023

UKRAINE 12

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Ukraine
Original full text Full text decision UKRAINE 12
Excerpt Excerpt decision UKRAINE 12
Summary

The Court held that the arbitration clause in the contract between the parties also applied to the guarantor that had assumed all of the buyer’s obligations pursuant to a later agreement concluded between the seller, the buyer and the guarantor, even though the guarantor was not a signatory to the original contract.
Related topics
217

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.

 Referral to arbitration in general
226

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

 Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
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