AVELLUM counsel contributes to amici curiae brief in case on arbitrability of disputes

Oleksii Maslov, counsel at AVELLUM, participated in the Working Group of the Ukrainian Arbitration Association (UAA) that prepared an amici curiae brief in the case Akhit Solutions v. Ministry of Defence of Ukraine (No. 910/8659/23), considered by the Commercial Cassation Court of the Supreme Court.

The case raised an important procedural issue — the algorithm by which a court determines the arbitrability of a dispute under the provisions of the Commercial Procedural Code of Ukraine regarding the jurisdiction of commercial courts.

In its recently published decision, the Supreme Court confirmed the position of the Ministry of Defence that Article 30 of the Commercial Procedural Code does not contain an exhaustive list of non-arbitrable disputes. The court also clearly outlined the distinction between arbitrability and the jurisdiction of commercial courts.