THE ROLE OF ECONOMIC COURTS OF UKRAINE IN ENSURING THE EFFICIENCY OF INTERNATIONAL INVESTMENT ARBITRATION

Abstract

Introduction. The current stage of Ukraine's economic development is characterized by an acute need to attract large-scale foreign capital for post-war reconstruction, the volume of which, according to World Bank estimates, exceeds $400 billion. In this context, international investment arbitration acts as the most relevant and effective way to resolve disputes between foreign investors and the state, ensuring neutrality and cross-border enforceability of awards. However, the viability of the arbitration mechanism in the national legal order directly depends on the position of economic courts.

Purpose. The purpose of the study is to reveal conceptual approaches to defining the role of economic courts in ensuring the efficiency of investment arbitration, to analyze novelties in economic procedural legislation, particularly in the context of draft law No. 12141 of 2025, and to investigate the legal positions of the Supreme Court regarding the arbitrability of investment disputes.

Materials and methods. The research materials include the regulatory legal support of Ukraine, international conventions (Washington 1965, New York 1958), and works of leading scholars. Methods of theoretical generalization, system analysis, and formalization are used.

Results. The article reveals the sequence of procedural interaction between economic courts and arbitral tribunals. It is established that economic courts are evolving from formal control to active facilitation of arbitration proceedings. FDI statistics in Ukraine ($2.2 billion in early 2024) and its connection with the quality of judicial protection are analyzed. It is proven that the arbitration agreement has the nature of an autonomous procedural contract.

Discussion. Future research should focus on digitalizing procedures for enforcing awards against the state and developing a methodology for assessing investment risks in the judicial process.