Argument (#10 October 2019)

Arbitrability of Corporate Disputes: International Models & Experience of Ukraine

by Elena Koch

Arbitration, as an effective alternative dispute resolution method, has gradually turned into the main one for international commerce due to its flexibility, promptness, impartiality and a number of other advantages. Arbitration of corporate disputes is often preferable for parties, though it can appear to compete with domestic public policy. Thus, the issue of corporate disputes arbitrability has been a matter of a discussion, particularly with regard to the nature of corporate disputes, definition of this term in different jurisdictions, their meaning for international and domestic public policy. This issue is of special importance considering variable case law worldwide on the stage of recognition and enforcement of arbitral awards in corporate disputes.

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