This article is about the enforcement of pathological arbitration clauses in Ukraine. Part 1 briefly introduces the standard of arbitration clause recognition in Ukraine and part 2 presents an example of a usual pathology in the clauses and discusses the possible remedies available for a party invoking such clause as a bar to litigation.
1. ARBITRATION CLAUSE ENFORCEMENT IN UKRAINE
Ukraine has a sufficiently developed legislation on international commercial arbitration. Ukraine is a party to the 1958 New York Convention and has enacted the Law on the international commercial arbitration court, which, apart from slight deviations, duplicates the UNCITRAL Model Law. There are other various legal and normative acts governing the specific matters of the international commercial arbitration in Ukraine.