• 1

    The process begins with the submission of a statement of claim to the Arbitration Court. It specifies the parties, the essence of the dispute, and the evidence. The statement is registered by the secretariat and forwarded to the judge.

  • 2

    The court checks whether the claim complies with the Rules. If the documents are properly submitted, the proceedings are initiated. The parties receive an official notice about the start of the hearing.

  • 3

    According to the parties’ agreement, the number of judges is determined. Each party may choose a judge from the list of arbitrators. If no agreement is reached, the composition is appointed by the Chair of the Court.

  • 4

    The court hears the parties’ positions and examines the case materials. Hearings may be conducted orally or in writing. All actions are carried out in accordance with the principles of impartiality.

  • 5

    After deliberation, the judges make a decision by majority vote. The decision is prepared in writing with the reasoning provided. It is final and binding upon the parties.

  • 6

    The parties voluntarily comply with the decision or apply to a state court. If necessary, the decision may be recognized by a state court. At this stage, the arbitration procedure is completed.

SECTION 2. ARBITRATION PROCEEDINGS. CHAPTER 11. SUBMISSION OF A STATEMENT OF CLAIM

Article 61. Submission of a Statement of Claim

61.1. The statement of claim shall be submitted to the Arbitration Court in written form and signed by the head of a legal entity or another person authorized to act without a power of attorney on behalf of the legal entity, or by a representative authorized by a power of attorney; by an individual entrepreneur or a representative authorized by a power of attorney; by an individual or a representative authorized by a power of attorney. 61.2. The date of submission of the statement of claim shall be considered the date of its delivery to the Arbitration Court; if sent by mail – the date when the postal item is received by a representative of the Arbitration Court; if submitted via the electronic reception office – the date indicated in the electronic receipt of confirmation.
When submitting a statement of claim through the electronic reception office, the originals shall be presented by the claimant at the first hearing.

Article 62. Form and Content of the Statement of Claim

62.1. The statement of claim shall be submitted in written form. 62.2. The statement of claim submitted to the Arbitration Court must specify:

  • the name of the Arbitration Court;
  • the date of submission of the statement of claim;
  • the name and address of the parties who are legal entities, and/or the surname, first name, patronymic, date of birth, and address of registration of the parties who are individuals or individual entrepreneurs;
  • the name and address of the claimant’s representative if the claimant is a legal entity, or the surname, first name, patronymic, date of birth, and address of registration of the representative if the representative is an individual or individual entrepreneur, in cases where the claim is filed by a representative;
  • the content of the claim, the amount of the claim if it is subject to monetary evaluation;
  • the circumstances on which the claims are based, evidence supporting them, and calculation of the claimed amounts;
  • reference to the existence of an Arbitration Agreement between the parties and evidence of its conclusion;
  • a list of written materials attached to the statement of claim;
  • the signature of the claimant or his/her representative, with reference to the document confirming the authority of the signatory.

62.3. The following documents shall be attached to the statement of claim:

  • evidence of the existence of an Arbitration Agreement;
  • evidence substantiating the claims; proof of representative authority;
  • evidence of sending a copy of the statement of claim to the other party (a list of enclosures for registered mail, an extract from the postal registry, etc.);
  • proof of payment of the arbitration fee in the amount established by this Regulation.

62.4. The statement of claim may include phone numbers, fax numbers, e-mail addresses, and other information relevant to the consideration and resolution of the case.

Article 63. Amount of Claim

63.1. The amount of the claim shall be determined as follows:

  • for claims for recovery of monetary funds – the amount being recovered;
  • for claims for recognition of ownership of property – the value of the property;
  • for claims consisting of several independent monetary demands – the total amount of such demands.

63.2. If the claimant has not determined or has incorrectly determined the amount of the claim, the Chairman of the Arbitration Court shall, on his own initiative, determine the amount based on the available data and issue a ruling specifying the time limits for payment of the arbitration fee.

Article 64. Acceptance of the Statement of Claim and Initiation of Proceedings

64.1. The Chairman of the Arbitration Court, having accepted the statement of claim, shall no later than five days from the date of its receipt issue and send to the parties and other participants in the proceedings a ruling on the initiation of proceedings, which shall indicate the acceptance of the statement of claim, the scheduling of the case for a hearing before the Arbitration Court, the time and place of the hearing, the actions required to be performed by the parties and other participants, and the deadlines for their performance.

Article 65. Return of the Statement of Claim

65.1. The Chairman of the Arbitration Court shall return the statement of claim and attached documents without consideration if:
1) no evidence of the existence of an Arbitration Agreement between the parties has been provided;
2) the Arbitration Agreement does not contain information about the names and addresses of the parties, the subject of the dispute, the place and date of conclusion;
3) the statement of claim is signed by a person not authorized to sign it or by a person whose position is not indicated;
4) the statement of claim does not indicate the full names and postal addresses of the parties;
5) the statement of claim does not specify the circumstances on which the claim is based, the evidence supporting those circumstances, or the justified calculation of the claimed or disputed amount;
6) no evidence of payment of the arbitration fee in the prescribed manner and amount has been provided (except as provided in paragraph 57.2 of Article 57 of this Regulation);
7) the rules of combining claims have been violated, or several claims have been joined in one statement of claim against one or more respondents, and their joint consideration would hinder the clarification of the rights and relations of the parties or significantly complicate the resolution of the dispute;
8) no evidence of sending the statement of claim and its attachments to the respondent has been provided;
9) before the issuance of a ruling on initiation of proceedings, a statement of settlement of the dispute has been received from the claimant.

65.2. The Chairman of the Arbitration Court shall return the statement of claim no later than five days from the date of its receipt and shall issue a ruling to that effect.

65.3. The return of the statement of claim does not preclude re-submission of the claim to the Arbitration Court in the general procedure after rectification of the violation.

Article 66. Response to the Statement of Claim

66.1. The respondent shall provide the Arbitration Court with a written response to the statement of claim. The response shall be sent to the claimant and the Arbitration Court by mail, by delivery, or via the electronic reception office.
If the response is submitted via the electronic reception office, the original shall be provided by the respondent at the court hearing. 66.2. The consequences of failure to comply with the requirements of the Arbitration Court may be determined by the arbitrator or the panel of the Arbitration Court.

Article 67. Counterclaim

67.1. The respondent has the right to file a counterclaim for consideration by the Arbitration Court if such a claim falls within the jurisdiction of the Arbitration Court and may be subject to arbitration under the Arbitration Agreement. 67.2. A counterclaim may be filed at any stage of the arbitration proceedings before a decision is rendered.

67.3. The Arbitration Court shall accept the counterclaim for joint consideration with the original claim if both claims are interrelated and their joint consideration is expedient, particularly when they arise from the same legal relations or when the claims may be set off against each other.

67.4. The counterclaim must comply with the requirements of Article 35 of the Law of Ukraine “On Arbitration Courts” and Article 62 of this Regulation.

67.5. A party has the right to submit a response to a counterclaim in accordance with the procedure established by this Regulation.

Article 68. Change of Grounds or Subject of the Claim, Change of the Amount of Claims, Withdrawal of the Claim, Admission of the Claim, Settlement Agreement

68.1. The claimant has the right during the consideration of the case by the Arbitration Court, before the decision is rendered, to change the grounds or the subject of the claim, to increase or decrease the amount of the claims, or to withdraw the claim fully or partially. 68.2. The respondent has the right during the consideration of the case by the Arbitration Court to admit the claim fully or partially.

68.3. The parties may settle the case by concluding a settlement agreement in the manner provided in Chapter 13 of this Regulation.

68.4. The Arbitration Court shall not accept the claimant’s withdrawal of the claim, reduction of the amount of the claim, or the respondent’s admission of the claim, nor shall it approve a settlement agreement if such actions contradict the law or violate the rights of other persons.

Article 69. Securing the Claim

69.1. Unless otherwise agreed by the parties, the Arbitration Court may, upon the request of either party, order the taking of such interim measures concerning the subject matter of the dispute as it deems necessary, taking into account the provisions of civil and commercial procedural law. The Arbitration Court may require any party to provide appropriate security in connection with such measures.

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