Claim in the Arbitration Court of Kyiv

Arbitration courts are intended to resolve disputes between economic entities arising in the course of entrepreneurial and other economic activities. To a large extent the outcome of such a dispute depends on how competently and correctly the claim in arbitration is drafted.

Preparation of a claim for the arbitration court

For the arbitration court to commence proceedings to resolve a particular dispute, the interested party files a statement of claim, which must in all cases comply with the norms of the Economic Procedural Code. A claim to the arbitration court of Kyiv may be filed not only by entities engaged in economic activity (legal entities and individual entrepreneurs), but also by local self-government and state authorities, as well as by citizens whose interests have been infringed.

It should be taken into account that one of the parties in arbitration proceedings must necessarily be an economic entity.

Main categories of arbitration cases

The arbitration court of Kyiv considers the following categories of cases:

• economic disputes;
• corporate disputes;
• recovery of amounts of debt arising from contractual obligations;
• protection of property rights by various means;
• compensation for damage caused (including lost profits);
• disputes concerning the conclusion, termination of contracts, as well as changes to the terms of transactions;
• appeals against decisions concerning the imposition of administrative sanctions;
• claims for recognition of actions of state and municipal authorities as unlawful;
• appeals against decisions of tax authorities.

Filing a statement of claim: main requirements

For the arbitration court of Kyiv to accept a claim for consideration, it must meet the following requirements:

1. Contain claims regarding the subject matter of the dispute, as well as their justification.
2. Be drawn up in writing and signed either by the claimant personally, or by his authorized representative, or by another person to whom this right is granted in accordance with the law (in this case the grounds for representation must be indicated).
3. Include all necessary components as specified in Article 162 of the Economic Procedural Code.

Thus, a statement of claim in arbitration should contain the following information:

• full name of the arbitration court;
• details of the parties – name, location, banking and contact details;
• amount (price) of the claim;
• content of the claims indicating the circumstances of the conflict;
• indication of pre-trial resolution of the conflict;
• evidence supporting the claimant’s position.

What documents must be attached to the claim?

The list of documents required to be attached to the statement of claim includes:

• proof of sending the claim to the defendant in the arbitration dispute and to other participants in the proceedings;
• receipt of payment of the court fee in the prescribed manner (or the basis for exemption from its payment);
• evidence supporting the claimant’s position.

If an authorized representative will represent the interests in court, a power of attorney must be provided.

Services provided by our company’s lawyers

By contacting us, you can be sure that the statement of claim will be drawn up in compliance with all the requirements of the current legislation, and the dispute will be resolved in your favor. In addition, our specialists can fully represent your interests in court, which serves as a sort of guarantee of successful consideration of the case.

Our company employs highly qualified lawyers who have experience in handling commercial disputes of any level of complexity. Of course, you can try to do without the help of professionals and file a claim in the arbitration court of Kyiv yourself, but you should not forget that you risk losing the case.

Sample statement of claim to the arbitration court

To draft a claim in arbitration, you should take into account all the requirements provided by the norms of the Economic Procedural Code, or use a sample as a basis. At the same time, it should not be forgotten that in each specific case there may be certain nuances that will determine the resolution of the dispute on the merits.