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Olena СOROTUN,

Judge of the Kiev State Court of Appeal, Candidate of Legal Sciences

APPEALS AGAINST DECISIONS OF ARBITRATION

The article analyzes the regulation of appeal against decisions of arbitration under prescribed in the Law of Ukraine «On arbitration courts» grounds, as well as in the context of the procedures established by the Civil and Commercial Procedural Code of Ukraine. The expediency of attracting the category «Arbitration» to describe the current system of arbitration as a non-independent body formed to resolve disputes arising from civil and economic relationship. In this context, reference is made to distinguish between objective needs alternative and inconsistent ways address and resolve private disputes in national courts and the system of private institutions. Marked on the set of possible defective characteristics of the composition of the arbitral tribunal, the formation of the arbitral tribunal, the requirements for arbitrators, grounds for disqualification or rejection arbitrator. Based on the comparison of regulatory defined grounds annulment of the arbitral tribunal concluded that the presence of legal uncertainty conditions of application of certain provisions of the law that determine the composition of the arbitral tribunal, so quite naturally clear answer to the question of which of them (the formation of defects court) separately or together can lead to negative consequences – the abolition of a court decision. Attention is drawn to the fact that in determining the reasons for such a decision by the court as mismatch formation of the court with the law are unduly numerical referential nature that complicates enforcement activities.

Key words: arbitration, arbitration, the parties, arbitration, international arbitration.

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