The commercial courts (earlier also know as courts of arbitration and in Ukrainian language named as "gospodars'ki sudy") are competent to try mainly commercial disputes (i.e. disputes between corporate entities and private entrepreneurs).

As shown by our judicial practice this type of Ukrainian courts is indeed the best Ukrainian judicial authority with well educated and experienced judges and good material means, office equipment, etc. and they deliver justice of higher quality applying much more formal and civilized procedures. Ukrainian commercial courts are competent to try most part of disputes between Ukrainian corporate entities, between Ukrainian private entrepreneurs, between Ukrainian corporate entities, foreign corporate entities and Ukrainian private entrepreneurs. Therewith natural persons can also participate in the commercial procedures if act as an intervener.

Local commercial courts have territorial jurisdiction over regions; Kiev city and Sevastopol city due to the importance of these cities have their own city commercial courts. Commercial courts of appeal usually have territorial jurisdiction over several neighboring regions; Kiev and Sevastopol have their own commercial courts of appeal. Decisions issued by the commercial courts of appeal can be further appealed to the Highest Commercial Court and ultimately, in certain cases, to the Supreme Court of Ukraine, which are accordingly the cassational authorities in such issues.

There is no choice of jurisdiction in commercial proceedings, but there is a number of exceptions from the general rule:

- disputes among shareholders or between shareholders and the company, which arise from the incorporation, activities, administration or liquidation of the company, are to be tried by the commercial court at the company's place of registration;

- claims to carriers are to be brought before the commercial court of the carrier's place of registration if the claim appears from a carriage contract;

- claims concerning the immovable property or exclusion of such property from the official register are to be filed to the commercial court at the place of dislocation of such property (or the major part thereof);

- claims appearing from violation of the intellectual property rights are to be filed to the commercial court at the place of violation of such rights.

Kiev City Commercial Court has the exclusive jurisdiction over cases involving state secrets and claims against:

- the main or the central agency of executive authority;

- the National Bank of Ukraine;

- the Chamber of Accounts Ukraine;

- Parliament and the Government of the Autonomous Republic of Crimea;

- the regional councils;

- Kiev and Sevastopol city councils and state administrations.

Claims against several defendants domiciled in various locations can be filed to the commercial court at the place of residence of any one of the defendants.

Bankruptcy proceedings are held at the commercial court at the place of dislocation of the bankrupted party.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the legal and other issues of your interest in Ukraine in order to have the exact, extensive and up-to-date legal and other related information.

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