Appealing the arbitration court decision

Who can appeal an arbitration court decision?

The decision of the arbitration court, as provided for in the Law of Ukraine “On Arbitration Courts”, is final and binding on the parties. However, there are cases when it can be appealed in cases provided for by the current national legislation. Therefore, it can be appealed:

• first, the parties (or representatives) of the case, who are direct participants in the dispute;
• second, third parties (voluntarily joined);
• third, persons who were not present during the hearing, but whose rights and obligations were affected.

The deadlines and procedure for appealing are clearly regulated. Below we provide a detailed analysis of the main nuances of this procedure.

Consultation with a specialized lawyer

What are the grounds for appealing an arbitration court decision?

The Law of Ukraine “On Arbitration Courts” provides an exhaustive list of grounds on which a relevant decision may be appealed and annulled:

1. the case is not within the jurisdiction of the Arbitration Court. In other words, it considered a dispute that, by law, cannot be the subject of its consideration. For example, disputes arising from employment relationships, real estate, consumer rights, etc. You can find out more about which disputes can be considered in the procedure for such consideration by consulting an experienced lawyer at “Prykhodko & Partners”;
2. the decision was made in a dispute not provided for by the arbitration agreement. That is, the court decided a dispute that was not covered by the parties’ agreement to refer the dispute for consideration. In this case, only the part that concerns issues that go beyond the arbitration agreement will be canceled;
3. the arbitration agreement was declared invalid. The competent arbitration court declared the arbitration agreement invalid on the grounds provided for by civil law. For example, due to its non-compliance with the requirements of current national legislation, conclusion under the influence of fraud, violence, etc.;
4. the composition of the Arbitration Court did not meet the requirements of the law. This may concern the number of arbitrators, their independence, qualifications, etc.;
5. the relevant TC has resolved the issue of the rights of persons who did not participate in the case. In such a case, it is these persons who have the right to appeal.

The procedure for appealing an arbitration court decision: main nuances

Challenging any official legal documents is a complex process. It is important to understand the basic nuances of this procedure in order to be able to effectively protect your rights, which are as follows:

• first, the claim is filed with the court of appeal (of civil or commercial jurisdiction, depending on the nature of the resolved dispute) at the place of consideration;
• second, the statement of claim is filed in writing. The statement must indicate all the necessary details, first of all, the full name of the parties, the composition of the TC that conducted the consideration, information about the decision being appealed, the date of its receipt, etc.;
• third, attach to the pre-prepared claim a list of mandatory documents (the original or a duly certified copy of the TC decision, agreements, documents confirming the grounds for cancellation, payment of the court fee, confirmation of sending documents to other participants in the consideration, etc.);
• finally, cancellation does not deprive the party of the right to apply to the TC again, except for cases provided for by law.

Before filing a claim and its annexes, it is necessary to carefully familiarize yourself with the requirements of the laws, conduct a legal analysis of the agreement, the circumstances of the case, etc. Therefore, we recommend contacting experienced lawyers and advocates of “Prykhodko & Partners” to receive high-quality legal assistance and protect your legitimate interests.

Cost of legal support

What is the deadline for appealing an arbitration court decision?

Today, clear deadlines have been established for appealing the specified document. Thus, the general deadline is three months from the date of adoption of the relevant document. However, there is also a special time period for persons who did not participate in the case, but on whose rights and obligations the court made the relevant decision. In such a case, the deadline is three months from the day on which they learned, should have learned about such adoption.

Thus, citizens who directly participated in the arbitration proceedings, third parties who voluntarily joined, as well as those who did not participate, but whose legitimate interests were violated, may appeal the decision of the arbitration court to a judicial institution of general jurisdiction (civil or commercial). The grounds for this are the non-subordination of the case to the arbitration court, the decision outside the arbitration agreement, the illegal composition of the arbitration court, the invalidity of the arbitration agreement.

Contact the experienced lawyers and advocates of “Prykhodko & Partners” to receive professional legal assistance on issues of appealing arbitration court decisions. To find out the cost of legal support, fill out the form below.