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Arbitrability of Disputes Related to the Privatization of State-Owned Property in Ukraine

https://doi.org/10.17589/2309-8678-2016-4-3-94-119

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Abstract

The article is devoted to the analysis of arbitrability of disputes between a privatization body and purchaser arising out of a sale and purchase agreement of a privatization object or relating thereto. Author reached a conclusion that before the Law of Ukraine on Enactment of Some Laws of Ukraine Aimed at the Improvement of Privatization Process dated 16 February 2016 No. 1005-VIII entered into force disputes in relation to alienation to privatization objects could have been referred to international commercial arbitration.

Based on the analysis of court practice in relation to sale and purchase agreements which contained arbitration clauses, author reached a conclusion thatsome of the arguments against arbitrability of this category of disputes did not lose their relevance even after the said law entered into force.

About the Author

Oleksandr Frolov
Taras Shevchenko National University
Ukraine

Ph.D. Student, Faculty of Laws,

30b Saksahanskogo str., Apt. 17, 01033, Kyiv



References

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2. Guislain P., The Privatization Challenge: a Strategic, Legal and Institutional Analysis of International Experience (The International Bank for Reconstruction and Development / World Bank 1997).

3. Khvalei V., Benedictsson J., Recognition and Enforcement of Foreign Arbitral Awards in the Russian Federation, in Post-Hearing Issues In International Arbitration 356–357 (Devin Bray & Heather L. Bray eds., Juris Publishing 2013).

4. Petrochilos G., Attribution of Conduct of Non-State Organ Entities: an Introduction, in The Role of the State in Investor-State Arbitration 359 (Shaheeza Lalani & Rodrigo Polanco Lazo eds., Brill Nijhoff 2015).

5. Szász I., Some Disputable Issues in Investment Treaty Arbitration and in Contractual Arbitration of Foreign Investment Disputes, in New Horizons in International Commercial Arbitration and Beyond 196 (Albert Jan Van den Berg gen. ed., Kluwer Law International 2005).


For citation:


Frolov O. Arbitrability of Disputes Related to the Privatization of State-Owned Property in Ukraine. Russian Law Journal. 2016;4(3):94-119. https://doi.org/10.17589/2309-8678-2016-4-3-94-119

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ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)