On September 7, the meeting of the Committee of the Ukrainian Bar Association “Jurisdiction of Ukrainian courts in disputes with the foreign element” took place.

Participant of the meeting Nina Kucheruk, lawyer and Head of Litigation and Arbitration of Jurimex law firm, devoted her report to the issue of an arbitration agreement in determining the jurisdiction of cases with a foreign element, which mainly takes place in the economic process.

Nina Kucheruk clearly defined the conditions, under which the Ukrainian court accepts such cases for consideration, and the very list of mistakes (with detailed analysis) which the court can make. For example, the decision to refuse to accept a claim in a case involving a foreign element in the context of the existence of an arbitration agreement on the transfer of the dispute to arbitration may be considered illegal, since such grounds for refusal are not provided by law, and the possibility of recourse to arbitration is a right rather than the duty of the party.

The termination of proceedings in the case upon the statement of the defendant, made by him after the submission of his first application, is considered a mistake.